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HomeMy WebLinkAboutCity Council Committees - Economic and Community Development Committee - 10/10/2016 (2) Unless otherwise noted, the Economic & Community Development Committee meets at 5 p.m. on the second Monday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent, 98032. For additional information please contact Julie Pulliam at 253-856-5702. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. Economic & Community Development Committee Agenda Councilmembers: Jim Berrios, Tina Budell, Bill Boyce, Chair October 10, 2016 5:00 p.m. Item Description Action Speaker(s) Time Page 1. Call to Order Bill Boyce 1 min 2. Roll Call Bill Boyce 1 min 3. Changes to the Agenda Bill Boyce 1 min 4. Approval of September 12, 2016 Minutes YES Bill Boyce 1 min 1 5. 2016 Docket Report YES Charlene Anderson 10 min 7 6. Flood Hazard Regulations NO Chris Wadsworth 15 min 16 Information Only 7. Multifamily Design Guidelines NO Hayley Bonsteel 10 min 29 Information Only 8. Sound Transit Update NO Hayley Bonsteel 5 min Information Only 9. ShoWare Update NO Ben Wolters 5 min Information Only 10. Economic Development Update NO Bill Ellis 5 min Information Only ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES September 12, 2016 Committee Members Committee Chair Bill Boyce, Tina Budell, Jim Berrios 1. Call to Order 2. Roll Call 3. Changes to the Agenda – Ben Wolters deferred items 8-10 to the meeting in October 4. Approval of Minutes Committee Member Budell MOVED and Committee Member Berrios SECONDED a Motion to Approve the Minutes of September 12, 2016. Motion PASSED 3-0. 5. Proactive Code Enforcement - Information Only Current Planning Manager Matt Gilbert presented Proactive Code Enforcement. This is a follow up to the May 2016 Lean project report to the City Council. Lean improvements and staffing increases have created more capacity within the Code Enforcement Division. We are nearly through the busy summer season where Code Enforcement complaints spike, and we expect that fall will allow time for pro- active code enforcement. Anticipating the fall downturn, Code Enforcement has considered how and where to begin proactive code enforcement efforts. The resident survey provides important information to help with this decision. The survey said about 35% of the people surveyed city-wide said they felt code enforcement was a big issue in their neighborhood, however on the West Hill the number was 48%. The survey indicates that the top big problems on the West Hill are:  Junk or inoperable vehicles  Accumulated trash or litter  Graffiti  Garbage or junk in yards  Tall weeds or grass  Abandoned or unsecured buildings  Semi-trucks of RVs parked in neighborhoods Accordingly, we will begin our efforts there. However, West Hill is a large area and with limited Code Enforcement Staff we will need to choose certain areas to focus on. We checked with the Neighborhood Program and the NRT team in the Police Department, to determine specific areas of the West Hill where we can have an immediate impact. 27th Place Neighborhood is a neighborhood PD has identified. This neighborhood has criminal behavior as well as code enforcement violations. There is a lot of tenant turn over in this area. Tenants leave and leave junk 1 ECDC Minutes September 12, 2016 2 behind. This is an area code enforcement can work with the owners to stay on top of this. In this area we feel we can work on keeping the owners engaged in their property working through the code enforcement process. Salt Air Hills and Yorkshire are neighborhoods where the City’s Neighborhood Program gets a lot of questions per our Neighborhood Programs Coordinator Toni Azzola. Gilbert has been to those two neighborhoods and didn’t see major problems. Gilbert stated, these are generally well taken care of neighborhoods most of the time, there are a few residents that have junk vehicles, overgrown lawns that code enforcement can cite and spend a little bit of effort and get a big return in the area. With this new proactive code enforcement Gilbert explained the process of sending out a letter to all in the area letting them know when code enforcement will be in the area and what issues code enforcement will be focusing. In this letter they will be asked to take care of the items prior to the code enforcement officer’s arrival. After that, if we need to go through the normal formal process, we will do it at that time. Gilbert stated communication works most of the time. If that doesn’t we do have the formal process and the criminal process available. Pacific Highway Commercial Area does have an effect on the image of the area. Gilbert stated the signage can get out of hand, but we don’t get as many calls for commercial areas, but it does affect the overall image of the area. If we go in and remind the business owners of the violations ask them to clean up the area, and minimalize the signage we can have an impact there. Gilbert wrapped up with stating; code enforcement is primarily a reactive service getting approximately 20 calls a week and closing approximately 20 cases a week. In the winter months we have more availability to do proactive code enforcement and will work as quickly as possible through the mentioned areas as well as maintaining the service level of the daily calls. Gilbert stated after these neighborhoods are done he will come back to Council with further recommendations. Council Member Berrios made a recommendation to Gilbert to reach out to the homeowners associations and do a presentation on code enforcement and what the City is requiring homeowner to do and what is required to be done by the City. The City needs to lead by example if we are asking homeowners to. Council Member Berrios asked how does Council help Code Enforcement with the sign problem. Gilbert stated in the future we will need to look into the sign code and do some updating of the code. Council Member Boyce asked when pro-active enforcement in these Neighborhoods will be completed. Gilbert said from now to the beginning of October is when we plan to have the neighborhood notification out. Council Member Boyce would like a report back in January. 2 ECDC Minutes September 12, 2016 3 6. Regional Economic Development Strategy – Information Only Today’s presentation’s focus  State of the regional Economy  Regional Economic Strategy  Overview & Feedback PSRC Region  4 Counties  82 Cities and Towns  Urban & Rural PSRC Members  Cities, Counties, Ports and transit  State Agencies and Tribal Governments PSRC Regional Leadership  Puget Sound Regional Council – General Assembly  Executive Board  Economic Development Board  Operations Committee  Transportation Policy  Growth Management Policy Region reached 2 million jobs in 2015  The region added 54,300 jobs in 2015 and 241,300 between 2010-2015  While a net of 39,946 people moved to the region Other regional trends to consider  33% of the region’s job growth going into regional growth centers – just 3% of the urban land area (covered employment for 2010-2014)  Minority population increased from 15% (1990) to 34% (2014)  Foreign-born population contributed to 38% of total population growth 1990-2014 Area Traffic  There were 18,100 more hours of delay in 2015 than 2010 (95% increase)  Delay increased by 18% between 2014 and 2015  HOV Lanes are about 4% of the total delay Transit ridership growth surging  Transit ridership has grown faster than in any other large metro area in the country over the past 10 years  Annual transit boardings were the 8th highest in the country in 2015  Growing faster than population Region’s major industries are growing jobs  Mayor Regional Industries – Job growth is up in all the region’s major industries o Information Technology 164K jobs o Aerospace 119K jobs o Tourism & Visitors 117K jobs o Business Services 104K job o Transportation & Logistics 55 K jobs o Maritime 36K jobs o Life Sciences 21K jobs o Clean Tech 21K jobs 3 ECDC Minutes September 12, 2016 4  Losing ground compared to U.S. jobs o Aerospace & IT: increasing market share o Other industries: losing competitive advantage Projected U.S. Job growth 2015-2020 (projected U.S. growth 2016-2020)  Aerospace 1%  Business services 5%  Clean Tech 6%  Information Technology 10%  Life Sciences 8%  Maritime 55  Tourism & visitors 8%  Transportation & Logistics 7% Top 15 Employing Industry Clusters in King County Industry Cluster Jobs 2015 CAGR 2015- 2015 1. Local Health Services 107,184 2.30% 2. Local Hospitality Establishments 101,861 391% 3. Local Real Estate, Construction , and Development 94,769 4.97% 4. Local Commercial Services 74,277 2.73% 5. Software Publishers 52,716 1.27% 6. Wholesaling and Storage 49,404 1.83% 7. Local Community and Civic Organizations 45,637 11.53% 8. Aerospace Vehicles and Defense 45,555 1.10% 9. Computer Services 40,051 7.27% 10. Local Food and beverage Processing and Distribution 34,898 2.68% 11. Local Retailing of Clothing and General Merchandise 33,048 1.94% 12. Corporate Headquarters 28,871 6.04% 13. Local Personal services (Non-Medical) 27,013 4.79% 14. Local Motor Vehicle Products and Services 26,408 2.63% 15. Electronic and Catalog Shopping 26,225 25.21% Bold = Export focused industry cluster Draft Plan Development Process: September to March 2017  Refine Draft RES January  Continue Stakeholder Outreach  Adoption Spring 2017 Draft Goals  Connect the world to the Puget sound region  Cultivate a region that attracts and retains world class talent  Strengthen the region’s economic base and rise to meet global economic opportunities  Open economic opportunities to everyone in the region  Capitalize on the region’s strengths to support and nurture strategic clusters and emerging opportunities 7. Housing Accessibility – Information Only Economic & Community Development Director Ben Wolters introduced the topic of Housing Accessibility. The region is looking at a housing crisis with the increase in rents and the cost of owning a home. This is a requested follow up from the 4 ECDC Minutes September 12, 2016 5 Council on the last retreat to come back to this Committee and give some options related to how to address the housing shortage in Kent. Interim Parks & Community Services Director Merina Hanson would like to get the Committee’s feedback on where you would like us to gather more information on addressing this issue. Options some other Cities have chosen to address some will be addressed at the County and State level  Opt #1 Source of Income Discrimination – includes prohibits landlords from renting to tenants that may be using a housing choice such as section 8 voucher, or Seniors relaying solely on Social Security, Veterans Housing Subsidy, or people with disabilities who receive some other kind of Government subsidy. o Currently Kent has no protections for any of these, currently a landlord can say they will not rent to a tenant because of any of the above reasons. o We have heard of some of this happening in Kent o 2 East Hill apartments on East Hill just informed the City they will no longer accept vouchers. Council Member Budell stated this is unacceptable o City of Kent falls under the State’s Landlord Tenant Act, and it is very complicated  Opt #2 Expanded Notification of Rent Increase o Currently if you tenants are on a month to month lease anywhere in the State of Washington except Seattle, a landlord only has to provide a 30 day notice for a rent increase o City of Seattle requires a 60 day lease if rent is going up 10% or more o Challenge is an eviction only requires a 20 day notice, if a landlord did not want to take the extra days to get a rent increase going they could possible just use an eviction notice. By using the eviction notice they could get a quicker bump in the rent. o Council Member Berrios is concerned if landlords start raising the rent to tenants without any improvements just to see how much they can get o Opt #3 Proactive Rental Inspection Program – ensuring residents have access to health and safe housing o It is a code enforcement program but it is a proactive program ensuring the units is safe prior to renting o Is in effect in Seattle, Tukwila and other jurisdictions, and has been successful, seeing a lot less tenant complaints because it is handled in the beginning o The relocation of a tenant if the building is shut down would be the responsibility of the property owner. Which has legal costs associated with it o City Attorney Tom Burbaker wanted Council to know that this is a type of Code enforcement and you can cite for the violation but getting it fixed sometimes is the harder thing to happen Speakers  Resident Carol Anne Maiers spoke on what tenants are told to do with black mold is to spray bleach on it 5 ECDC Minutes September 12, 2016 6  Tacoma Resident Dinah Braccio spoke advocating just cause eviction protection Council Chair Bill Boyce asked staff to:  Bring back and do more research on notification and bring back options.  Wolters asked for clarification of the Proactive Rental Inspection Program He did not hear as related to the income source part or the program it Council ready to go there. Cities Bellevue, Kirkland, Redmond have it now in the State of Washington. Wolters stated we can’t do rent control but we can adopt laws related to discrimination. Boyce asked Wolters to take a look at in and bring back information to Committee. Adjournment Chair Boyce adjourned the meeting at 6:04 p.m. __ ___________________________________ Submitted by Julie Pulliam Economic & Community Development Committee 6 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 October 10, 2016 To: Chair Bill Boyce and Economic & Community Development Committee From: Charlene Anderson, AICP, Planning Manager Subject: 2016 Annual Docket Report Meeting of October 10, 2016 SUMMARY: The docketing process is required by the Growth Management Act and is provided in Chapter 12.02 of the Kent City Code (KCC). The Annual Docket may include suggestions for amendments to the comprehensive plan text, land use plan map designations, or the City’s development regulations. Staff will present this year’s Annual Docket Report to the Committee on October 10th. The City did not receive any requests from the public for amendments in 2016. However, staff is proposing items for the 2016 docket. BUDGET IMPACT: None. BACKGROUND: The Growth Management Act outlines a procedure that assists the public in making suggested amendments to the Comprehensive Plan, development regulations, and growth policies on an annual basis. ”Docketing” refers to compiling and maintaining a list of suggested changes to the Comprehensive Plan or development regulations to ensure they will be considered by the City and will be available for review by the public. The deadline for filing a docket item is the first business day of September. There is no fee for submitting a docket item. The 2016 Annual Docket Report contains a number of potential comprehensive plan and zoning amendments proposed by staff. These amendments are attached and will be further discussed at the ECDC meeting on October 10th. As provided in KCC 12.02.035, also attached are updates on the status of the 2014 and 2015 Docket Reports. CA/ P:\Planning\DOCKETS\2016\Dkt-2016_ECDCMemo10-10-16.doc Enc: 2016 Annual Docket Report and Updates to 2014 and 2015 Docket Reports cc: Ben Wolters, Economic and Community Development Director Project Files MOTION: Recommend to the full City Council approval of the 2016 Annual Docket Report and amended 2014 and 2015 Docket Reports as presented by staff. 7 Pa g e 1 o f 1 09 2 7 1 6 P: \P l a n n i n g \ E C D C \ 20 1 6 \P c k t D o c u m e n t s \ 10 -10 -16 \D o c k e t \ D K T - 2 0 1 6 _ S t a f f _ P r o p o s e d _ D o c k e t _ I t e m s . d o c x DO C K E T N O . & DA T E R E C ’ D & PA R C E L N O . 2016 DO C K E T PR O J E C T N A M E A N D R E Q U E S T ( T O P I C ) DE P T AS S I G N E D Is s u e s St a f f Re c o m m e n d a t i o n LU P B E C D C CC Ac t i o n Ye a r 1 (Ye s / N o ) DK T -20 1 6-1 ST A F F P R O P O S A L S E& C D SE E A T T A C H E D In c l u d e i n 2 0 1 6 / 1 7 wo r k p r o g r a m 8 Pa g e 1 o f 2 P: \P l a n n i n g \ E C D C \ 20 1 6 \P c k t D o c u m e n t s \ 10 -10 -16 \D o c k e t \ D K T - 2 0 1 6 _ S t a f f _ P r o p o s a l s _ I t e m i z e d _ 1 0 0 5 1 6 . d o c x 20 1 6 – STA F F P R O P O S E D D O C K E T I S S U E S : C O M P R E H E N S I V E P L A N A N D Z O N I N G R E G U L A T I O N S Pr o p o s e d A ct i o n : St a f f C om m e n t : A. Co m p r e h e n s i v e P l a n A m e n d m e n t s 1. Up d a t e K e n t S c h o o l D i s t r i c t M a p – Fi g u r e CF -4 2. Am e n d T a b l e L U . 1 i. In c l u d e M H P a s a l l o w e d z o n i n g u n d e r L D M F a n d MD M F 3. Am e n d 2 0 1 6 P a r k & O p e n S p a c e P l a n , P a r k s a n d Re c r e a t i o n a n d C a p i t a l F a c i l i t i e s E l e m e n t s o f t h e Co m p r e h e n s i v e P l a n p e r t a i n i n g t o N a d e n Pa r k , i f C i t y Co u n c i l a u t h o r i z e s s u r p l u s o f p r o p e r t i e s . 4. Ex t e n d M i x e d U s e d e s i g n a t i o n a l o n g S . 1 8 0 th St r e e t Ho u s e k e e p i n g Ho u s e k e e p i n g Re f l e c t C i t y C o u n c i l d e c i s i o n pe r t a i n i n g t o N a d e n p r o p e r t i e s Co n s i d e r f l e x i b i l i t y i n p e r m i t t e d u s e s b y e x t e n d i n g Mi x e d Us e l a n d u s e p l a n m a p d e s i g n a t i o n e a s t t o i n c l u d e t h e pr o p e r t i e s c u r r e n t l y d e s i g n a t e d C o m m e r c i a l a l o n g S . 1 8 0 th St r e e t / S W 4 3 rd St r e e t B. Co d e A m e n d m e n t s 1. Am e n d v e r b i a g e i n p u r p o s e s t a t e m e n t f o r M 1 z o n i n g di s t r i c t , s p e c i f i c a l l y “ a t m o s p h e r e o f p r e s t i g e lo c a t i o n .” 2. Re m o v e d e f i n i t i o n s i n t h e Z o n i n g C o d e f o r c r i t i c a l a r e a s ; th e y a r e i n c o r p o r a t e d i n t o t h e C r i t i c a l A r e a s O r d i n a n c e an d w e r e n e v e r r e m o v e d f r o m t h e Z o n i n g C o d e . S e e a l s o 15 . 0 8 . 0 5 0 . D . 8 . b . ( i ) a n d ( i i ) F o r e x a m p l e : i. 15 . 0 2 . 0 9 2 / 1 5 . 0 2 . 0 9 3 – Ma j o r a n d m i no r c r e e k s ii . 15 . 0 2 . 1 1 2 – Dr a i n a g e D i t c h ii i . 15 . 0 2 . 1 3 2 – Er o s i o n H a z a r d A r e a s iv . 15 . 0 2 . 2 1 7 – La k e v. 15 . 0 2 . 2 2 2 – La n d s l i d e a r e a s vi . 15 . 0 2 . 3 1 0 – Or d i n a r y h i g h w a t e r m a r k vi i . 15 . 0 2 . 3 3 7 – Ra v i n e vi i i . 15 . 0 2 . 3 3 9 – Ro a d , s c e n i c a n d r e c r e a t i o n a l ix . 15 . 0 2 . 3 4 2 – Se i s m i c h a z a r d a r e a s x. 15 . 0 2 . 5 3 0 – Un i q u e a n d f r a g i l e a r e a Ho u s e k e e p i n g Ho u s e k e e p i n g 9 Pa g e 2 o f 2 P: \P l a n n i n g \ E C D C \ 20 1 6 \P c k t D o c u m e n t s \ 10 -10 -16 \D o c k e t \ D K T - 2 0 1 6 _ S t a f f _ P r o p o s a l s _ I t e m i z e d _ 1 0 0 5 1 6 . d o c x 3. So c i a l c a r d r o o m s – co n s i d e r co m m e r c i a l z o n e s , ex c l u d i n g D o w n t o w n 4. Du m p s t e r r e q u i r e m e n t s f o r m u l t i f a m i l y d e v e l o p m e n t s - pr o v i de fo r r e c y c l i n g a n d c o m p o s t in g 5. Am e n d r e s i d e n t i a l d e s i g n r e v i e w i. Ap p l y r e s i d e n t i a l d e s i g n r e v i e w t o al l n e w l y - co n s t r u c t e d o r r e c o n s t r u c t e d r e s i d e n c e s ( K C C 15 . 0 9 . 0 4 5 ) ii . Cr e a t e a d e s i g n g u i d e l i n e o r s t a n d a r d f o r a l l s i d e s o f bu i l d i n g s 6. Am e n d K C C 1 5 . 0 4 . 1 7 0 A g r i c u l t u r a l a n d r e s i d e n t i a l z o n e de v e l o p m e n t s t a n d a r d s i. Sp e c i f y o n e s i d e y a r d s e t b a c k d i m e n s i o n a n d de l et e f o o t n o t e 3 8 w h i c h p r o v i d e s f o r v a r y i ng s i d e ya r d s e t b a c k d i m e n s i o n s 7. Mi d w a y p l a n i m p l e m e n t a t i o n i. He i g h t l i m i t a t i o n s – in c r e a s e t o 65 f e e t or 7 s t o r i e s fo r MT C -1 z o n e a l o n g S R 9 9 8. Med i c a l M a r i j u a n a c o d e a m e n d m e n t 9. Mu l t i f a m i l y T a x E x e m p t i o n co d e a m e n d m e n t Co n s i d e r z o n i n g r e g u l a t i o n s f o r s o c i a l c a r d r o o m s Im p l e m e n t w a s t e r e d u c t i o n g o a l s a n d p o l i c i e s App l y d e s i g n r e v i e w to al l n e w c o n s t r u c t i o n App l y de s i g n r e v i e w st a n d a r d s to a l l s i d e s o f a bu i l d i n g App l y th e sa m e s i d e y a r d s e t b a c k s f o r a l l n e w c o n s t r u c t i o n Im p l e m e n t U r b a n L a n d I n s t i t u t e r e c o m m e n d a t i o n s Re c o n s i d e r p r o h i b i t i o n Con s i d e r e x t e n di n g e x e m p t i o n to o t h e r l o c a t i o n s 10 Pa g e 1 o f 1 09 2 7 1 6 P: \P l a n n i n g \ E C D C \ 20 1 6 \P c k t D o c u m e n t s \ 10 -10 -16 \D o c k e t \ D K T - 2 0 1 5 _ W i t h _ S t a f f _ R e c o m m e n d a t i o n _ U p d a t e d _ 0 9 2 7 1 6 . d o c x DO C K E T N O . & DA T E R E C ’ D & PA R C E L N O . EX H I B I T 1 . – 2015 DO C K E T I N G A P P L I C A T I O N S PR O J E C T N A M E A N D R E Q U E S T ( T O P I C ) DE P T AS S I G N E D Is s u e s St a f f Re c o m m e n d a t i o n LU P B E C D C CC Ac t i o n Ye a r 1 (Ye s / N o ) DK T -20 1 5-1 Re c ’ d 8 / 3 1 /1 5 66 2 3 4 0 -03 3 9 66 2 3 4 0 -03 5 1 66 2 3 4 0 -03 5 2 PA N T H E R L A K E U R B A N S E P A R A T O R S Pr o p o s a l t o a m e n d t h e Co m p r e h e n s i v e P l a n L a n d U s e P l a n Ma p a n d Z o n i n g D i s t r i c t s M a p f r o m U r b a n S e p a r a t o r (U S ) / R e s i d e n t i a l A g r i c u l t u r a l ( S R -1) t o Si n g l e F a m i l y Re s i d e n t i a l S i x o r E i g h t D w e l l i n g U n i t s P e r A c r e . Co n t a c t : D i c k L a n d e n , X C E L H o l d i n g s , L L C di c k l a n d e n @ a o l . c o m 20 6 -26 1 -53 6 8 E& C D Ur b a n S e p a r a t o r s a r e de p i c t e d i n C o u n t y w i d e Pl a n n i n g P o l i c i e s a n d pr o p o s a l s f o r am e n d m e n t s w i l l n e e d t o be c o o r d in a t e d w i t h K i n g Co u n t y . I n c l u d e ad d i t i o n a l a r e a s f o r co n s i d e r a t i o n ? In c l u d e i n 20 1 6 W o r k P r o g r a m pe r t a i n i n g t o U r b a n Se p a r a t o r s ( s e e 20 1 4 D o c k e t N o . DK T -20 1 4 -2) . N o t e am e n d m e n t t o t h a t wo r k p r o g r a m in up d a t e d 2 0 1 4 Do c k e t R e p o r t . PE N D I N G DK T -20 1 5 -2 Re c ’ d 8/31 /1 5 HO U S I N G E L E M E N T D A T A U P D A T E Pr o p o s a l t o up d a t e d a t a i n t h e H o u s i n g E l e m e n t a n d e l i m i n a t e re f e r e n c e s t o 2 0 0 5 -20 0 9 C H A S d a t a . Co n t a c t : Me r i n a H a n s o n Ho u s i n g a n d H u m a n S e r v i c e s M a n a g e r mh a n s o n @ k e n t w a . g o v 25 3 -85 6 -50 7 0 Ho u s i n g an d Hu m a n Se r v i c e s No n e In c l u d e i n 2 0 1 5 / 1 6 W o r k P r o g r a m PE N D I N G DK T -20 1 5 -3 ST A F F P R O P O S A L S E& C D Inc l u d e i n 20 1 5 / 1 6 W or k Pro g r a m SE E AT T A C H E D 11 Pa g e 1 o f 1 P: \P l a n n i n g \ E C D C \ 20 1 6 \P c k t D o c u m e n t s \ 10 -10 -16 \D o c k e t \ D K T - 2 0 1 5 _ E X H I B I T - 2 _ U p d a t e d _ 0 9 2 7 1 6 . d o c x 20 1 5 – STA F F P R O P O S E D D O C K E T I S S U E S : C O M P R E H E N S I V E P L A N A N D Z O N I N G R E G U L A T I O N S – RE V . 0 9 /27 /16 Pr o p o s e d A ct i o n : St a f f C om m e n t : 1. Me e k e r C o r r i d o r D e s i g n G u i d e l i n e s OR D I N A N C E P A S S E D 11 / 1 7 / 1 5 T O E X T E N D D O W N T O W N D E S I G N GU I D E L I N E S F R O M 6 4 TH AV E N U E S O U T H T O K E N T -DE S M O I N E S R O A D . Est a b l i s h d e s i g n g u i d e l i n e s f o r t h e M e e k e r S t r e e t C o r r i d o r f r o m 6 4 th Av e n u e S o u t h w e s t t o K e n t -De s M o i n e s R d . T h e D o w n t o w n D e s i g n Gu i d e l i n e s e n d o n t h e e a s t s i d e o f t h e i n t e r s e c t i o n o f 6 4 th Av e n u e S o u t h an d W . M e e k e r S t r e e t . I n t e r i m d e s i g n g u i d e l i n e s m a y b e c o n s i d e r e d u n t i l co n c l u s i o n o f t h e “ M e e t M e o n M e e k e r ” p r o j e c t . 2. Mu l t i f a m i l y an d M i x e d U s e De s i g n G u i d e l i n e s PE N D I N G . P R O J E C T S E P A R A T E D I N T O T W O P A T H S . M U L T I F A M I L Y DE S I G N G U I D E L I N E S M O V I N G T O I N F O R M A T I O N A L M E E T I N G W I T H LA N D U S E A N D P L A N N I N G B O A R D O N O C T O B E R 1 0 T H . M I X E D U S E DE S I G N G U I D E L I N E S PE N D I N G . Up d a t e t h e m u l ti f a m i l y d e s i g n c r i t e r i a wh i c h h a v e n o t b e e n u p d a t e d s i n c e 19 9 4 . F u r t h e r m o r e , s t r e n g t h e n t h e m i x e d u s e d e s i g n g u i d e l i n e s p e r t a i n i n g to t h e r e s i d e n t i a l c o m p o n e n t b y i n c l u d i n g u p d a t e d m u l t i f a m i l y d e s i g n cr i t e r i a o r o t h e r a d o p t e d d e s i g n g u i d e l i n e s s u c h a s t h os e f o r D o w n t o w n o r Mi d w a y . 3. Ex p a n d c o m m e r c i a l o p p o r t u n i t i e s a t s t r a t e g i c l o c a t i o n s i n t h e i n d u s t r i a l a r e a OR D I N A N C E P A S S E D 4 / 1 9 / 1 6 E X P A N D I N G U S E S A L L O W E D I N M 1 ZO N I N G D I S T R I C T Co n s i d e r a m e n d m e n t s t o L a n d U s e P l a n a n d Z o n i n g D i s t r i c t s M a p s a t t h e SW co r n e r o f t h e i n t e r s e c t i o n o f S . 2 0 4 th St r e e t a n d W e s t V a l l e y H i g h w a y 4. La n d U s e P l a n M a p R e v i s i o n PE N D I N G Am e n d L a n d U s e P l a n M a p d e s i g n a t i o n f o r p a r c e l 1 1 2 2 0 4 -90 5 6 ( S . 2 1 2 th St r e e t a n d R u s s e l l R d ) f r o m s p l i t d e s i g n a t i o n s o f M o b i l e H o m e P a r k (M H P ) a n d I n d u s t r i a l ( I ) t o e n t i r e l y I n d u s t r i a l ( I ) . T h i s w a s i n a d v e r t e n t l y om i t t e d f r o m t h e C o m p r e h e n s i v e P l a n U p d a t e a m e n d m e n t s a n d t h e pr o p e r t y i s p a r t o f t h e r i v e r b a n k . T h e C i t y o f Ke n t i s l i s t e d a s t h e ta x p a y e r . 5. Co m m e r c i a l C o m p o n e n t o f R e s i d e n t i a l M i x e d U s e D e v e l o p m e n t s AD D T O M I X E D U S E D E S I G N G U I D E L I N E S P R O J E C T . Co n s i d e r p o l i c y a n d m a r k e t o p t i o n s f o r m i x e d u s e r e q u i r e m e n t s o t h e r t h a n pe r c e n t a g e o f c o m m e r c i a l i n m i x e d re s i d e n t i a l / c o m m e r c i a l p r o j e c t s . 6. Ma n u f a c t u r i n g / I n d u s t r i a l C e n t e r S u b a r e a P l a n PE N D I N G Ke n t h a s n o t d e v e l o p e d a Su b a r e a P l a n fo r t h e M a n u f a c t u r i n g / I n d u s t r i a l Ce n t e r . T o b e c o n s i s t e n t w i t h C o u n t y w i d e P l a n n i n g P o l i c y D P -35 , th e Mu l t i c o u n t y P l a n n i n g P o l i c i e s i n Vi s i o n 2 0 4 0 an d P S R C C e n t e r s C r i t e r i a , th e c i t y n e e d s t o d e v e l o p vi s i o n , s t a n d a r d s a n d e c o n o m i c a n a l y s e s o f t h e Ma n u f a c t u r i n g / I n d u s t r i a l C e n t e r , e . g . , a S u b a r e a P l a n . 7. Zo n i n g C o d e A m e n d m e n t – Ou t d o o r S t o r a g e OR D I N A N C E P A S S E D 8 / 1 6 / 1 6 Co o r d i n a t e de f i n i t i o n s o f o u t d o o r a n d o u t s i d e s t o r a g e . 12 Pa g e 1 o f 3 09 2 7 1 6 P: \P l a n n i n g \ E C D C \ 20 1 6 \P c k t D o c u m e n t s \ 10 -10 -16 \D o c k e t \ D K T - 2 0 1 4 _ U p d a t e _ f o r _ 2 0 1 6 _ R e p o r t . d o c x DO C K E T N O . & DA T E R E C ’ D & PA R C E L N O . 2014 DO C K E T I N G A P P L I C A T I O N S PR O J E C T N A M E A N D R E Q U E S T ( T O P I C ) DE P T AS S I G N E D Is s u e s St a f f Re c o m m e n d a t i o n LU P B E C D C CC Ac t i o n Ye a r 1 , 2 (Ye s / N o ) DK T -20 1 4 -1 Re c ’ d 8 / 2 6 / 1 4 AD U I N T E R P R E T A T I O N Pr o p o s a l t o a m e n d t h e K e n t z o n i n g c o d e t o a l l o w ac c e s s o r y dw e l l i n g u n i t ( AD U ) an d g a r a g e al l o w a b l e a r e a s to b e b u i l t wi t h i n t h e s a m e f o o t p r i n t . Co n t a c t : C r a i g P r e s t o n cr a i g p r e s t o n @ c o m c a s t . n e t 25 3 -22 8 -31 4 3 E& C D Cl a r i f y A D U c o d e . Co n s i d e r b u l k a n d ma s s i n g . Br o a d e n t o c o n s i d e r s i z e li m i t a t i o n s o n g a r a g e s an d a c c e s s o r y st r u c t u r e s ? In c l u d e i n 20 1 5 W o r k P r o g r a m Or d i n a n c e No . 41 74 , Ef f e c t i v e 12 / 1 7 / 1 5 DK T -20 1 4 -2 Re c ’ d 9 / 2 / 1 4 03 2 2 0 5 9 0 5 5 NE L S O N P R O P E R T Y R E Z O N E Pr o p o s a l t o am e n d t h e l a n d u s e p l a n m a p a n d re z o n e p r o p e r t y at 2 0 6 2 8 1 3 2 nd Av e S E fr o m U r b a n S e p a r a t o r / S R -1 t o t h e de s i g n a t i o n s a d j a c e n t t o t h e w e s t ac r o s s 1 3 2 nd Av e S E , i. e . , SF -6/ S R -6 S i n g l e F a m i l y R e s i d e n t i a l Co n t a c t : De n n i s a n d J a m i s o n N e l s o n we e w o o l w a n c h @ y a h o o . c o m 25 3 -63 1 -92 7 5 E& C D In c l u d e s o n e p r o p e r t y am o n g s e v e r a l a d j a c e n t pr o p e r t i e s t h a t a r e w i t h i n SR -1/ U r b a n Se p a r a t o r De s i g n a t i o n s . As t h i s p a r t i c u l a r s i t e i s pa r t o f t h e C o u n t y w i d e Pl a n n i n g P o l i c i e s ’ U r b a n Se p a r a t o r d e s i g n a t i o n , th e a m e n d m e n t p r o c e s s wo u l d r e q u i r e K i n g Co u n t y a n d G r o w t h Ma n a g e m e n t P l a n n i n g Co u n c i l a p p r o v a l s t o ad d r e s s c o n s i s t e n c y re q u i r e m e n t s . Br o a d e n s c o p e t o ad d r e s s U r b a n Se p a r a t o r s i n g e n e r a l ? Cr e a t e p o l i c y i n Co m p r e h e n s i v e Pl a n U p d a t e t o ad d r e s s f u t u r e co n s i d e r a t i o n o f Ur b a n S e p a r a t o r s . Pl a c e p r o j e c t o n 20 1 6 W o r k Pr o g r a m . ** * T h e 2 0 1 6 w o r k pr o g r a m w o u l d in c l u d e o n l y a n as s e s s m e n t o f pr o c e s s an d sc o p e f o r a n an a l y s i s t o b e g i n in 2 0 1 7 * * * 20 1 6 W o r k Pr o g r a m – Ph a s e O n e Pe n d i n g 13 Pa g e 2 o f 3 09 2 7 1 6 P: \P l a n n i n g \ E C D C \ 20 1 6 \P c k t D o c u m e n t s \ 10 -10 -16 \D o c k e t \ D K T - 2 0 1 4 _ U p d a t e _ f o r _ 2 0 1 6 _ R e p o r t . d o c x DO C K E T N O . & DA T E R E C ’ D & PA R C E L N O . 2014 DO C K E T I N G A P P L I C A T I O N S PR O J E C T N A M E A N D R E Q U E S T ( T O P I C ) DE P T AS S I G N E D Is s u e s St a f f Re c o m m e n d a t i o n LU P B E C D C CC Ac t i o n Ye a r 1 , 2 (Ye s / N o ) DK T -20 1 4 -3 Re c ’ d 1 / 3 / 1 3 PR E L I M I N A R Y S H O R T & L O N G P L A T S U R V E Y RE Q U I R E M E N T S Pr o p o s a l t o c o n s i d e r r e m o v i n g t h e r e q u i r e m e n t t h a t p r e l i m i n a r y sh o r t p l a t s be st a m p e d b y a s u r v e y o r . Ap p l i c a n t p r o p o s e s o n l y to h a v e a c e r t i f i e d b o u n d a r y a n d t o p o g r a p h i c s u r v e y o f t h e pr o p e r t y w i t h t h e p r e l i m i n a r y s h o r t p l a t s u b m i t t a l a n d r e q u i r e t h e su r v e y o r s t a m p o n l y w i t h f i n a l s h o r t p l a t s u b m i t t a l . Co n t a c t : A n d y R y k e l s , R y k e l s E n g i n e e r i n g G r o u p Ry k e l s e n g i n e e r i n g @ g m a i l . c o m 25 3 -63 1 -65 9 8 E& C D Pr i o r t o a p p r o v i n g a pr e l i m i n a r y s h o r t p l a t ap p l i c a t i o n , th e C i t y m u s t ma k e w r i t t e n f i n d i n g s t h a t th e cr i t e r i a fo r a p p r o v a l o f a s h o r t p l a t a r e m e t . A st a m p e d s h o r t p l a t en s u r e s a c c u r a c y i n pr o p o s e d l o t d i m e n s i o n s , pr o p e r t y l i n e s , s e n s i t i v e ar e a s , s t r e e t s , en c u m b r a n c e s an d s o fo r t h . Do n o t i n c l u d e i n wo r k p r o g r a m No t i n c l u d e d in W o r k Pr o g r a m DK T -20 1 4 -4 Re c ’ d 9 / 2 / 1 4 76 8 2 8 0 0 1 9 5 BA L J I T S I N G H & AM R I T P A L S . S A H O T E R Pr o p o s a l t o ch a n g e t h e L a n d U s e P l a n M a p d e s i g n a t i o n a n d re z o n e pr o p e r t y l o c a t e d a t 25 2 6 S 2 7 2 nd St r e e t f r o m LD M F /MR T -16 to C o m m e r c i a l / C C -MU C o m m u n i t y C o m m e r c i a l - Mi x e d U s e . Co n t a c t : A m i r t p l a S a h o t e r bi e l y s o h a l @ g m a i l . c o m 20 6 -84 1 -62 6 4 B a l j i t S i n g h 20 6 -79 3 -33 8 0 A m r i t p a l S a h o t e r E& C D Si t e i s s u r r o u n d e d b y re s i d e n t i a l z o n i n g di s t r i c t s . C l o s e s t co m m e r c i a l de s i g n a t i o n is ap p ro x i m a t e l y ¼ m i l e t o th e w e s t n e a r P a c i fi c Hi g h w a y S o u t h . B r o a d e n co m m e r c i a l d e s i g n a t i o n ? Co n s i d e r d u r i n g Co m p r e h e n s i v e Pl a n U p d a t e d u e 6/ 3 0 / 1 5 Co m p l e t e d DK T -20 1 4 -5 Re c ’ d 9 / 2 / 1 4 KH A L I D H U S A I N Pr o p o s a l t o c l a r i f y l a ng u a g e i n K C C S e c t i o n 1 5 . 0 2 . 0 2 6 . 1 r e l a t e d to a s s i s t e d l i v i n g f a c i l i t i e s . Co n t a c t : K h a l i d H u s a i n gu i r a t @ a o l . c o m 50 3 -38 0 -70 6 2 E& C D Co d e a l l o w s a s s i s t e d li v i n g f a c i l i t i e s i n co m m e r c i a l z o n i n g di s t r i c t s o n l y w i t h i n a mi x e d -us e o v e r l a y d i s t r i c t . In c l u d e i n 2 0 1 5 W o r k P r o g r a m Or d i n a n c e No . 41 8 8 ef f e c t i v e 3/ 1 7 / 1 6 14 Pa g e 3 o f 3 09 2 7 1 6 P: \P l a n n i n g \ E C D C \ 20 1 6 \P c k t D o c u m e n t s \ 10 -10 -16 \D o c k e t \ D K T - 2 0 1 4 _ U p d a t e _ f o r _ 2 0 1 6 _ R e p o r t . d o c x DO C K E T N O . & DA T E R E C ’ D & PA R C E L N O . 2014 DO C K E T I N G A P P L I C A T I O N S PR O J E C T N A M E A N D R E Q U E S T ( T O P I C ) DE P T AS S I G N E D Is s u e s St a f f Re c o m m e n d a t i o n LU P B E C D C CC Ac t i o n Ye a r 1 , 2 (Ye s / N o ) DK T -20 1 4 -6 Re c ’ d 8 / 2 9 / 1 4 67 5 6 7 0 0 0 6 0 67 5 6 7 0 0 0 5 0 28 2 2 0 5 9 1 5 3 CV S P H A R M A C Y C O M P R E H E N S I V E P L A N M A P A N D ZO N I N G C O D E A M E N D M E N T Pr o p o s a l t o c h a n g e t h e Lan d Use Pl a n M ap d e s i g n a t i o n fo r o n e pa r c e l fr o m SF -6 to M i x e d U s e ; a n d t h e z o n i n g d e s i g n a t i o n fo r al l p a r c e l s fr o m O -MU o r S R -6 to CC Co m m u n i t y C o m m e r c i a l fo r p r o p e r t y l o c a t e d a t 2 6 0 4 6 1 1 6 th Av e n u e S E , 2 6 1 2 4 1 1 6 th Av e n u e S E a n d 1 1 6 1 8 S E K e n t K a n g l e y R o a d . Co n t a c t : N i c k W e c k e r , B a r g h a u s e n nw e c k e r @ b a r g h a u s e n . c o m 42 5 -65 6 -74 6 9 E& C D Re q u e s t e x p a n d s M i x e d Us e d e s i g n a t i o n o n e pa r c e l e a s t a n d r e z o n e s al l t h r e e p a r c e ls t o C C Co m m u n i t y C o m m e r c i a l . CC -MU i s di r e c tl y s o u t h ac r o s s K e n t -Ka n g l e y . Br o a d e n s c o p e o f r e v i e w ? Co n s i d e r d u r i n g Co m p r e h e n s i v e Pl a n U p d a t e d u e 6/ 3 0 / 1 5 Co m p l e t e d DK T -20 1 4 -7 Re c ’ d 8 / 2 8 / 1 4 77 5 7 8 0 0 2 2 5 77 5 7 8 0 0 2 2 2 MP R H O L D I N G S L L C C O M P P L A N M A P A M E N D M E N T Pr o p o s a l t o ch a n g e t h e s p l i t Lan d Use Pl a n M a p de s i g n a t i o n s on L o t 1 a n d L o t 2 f r o m S F -6 a n d ‘ I ’ t o LD M F Lo w D e n s i t y Mu l t i f a m i l y , t o r e f l e c t t h e d e s i g n a t i o n o f L D M F t o t h e e a s t a n d so u t h , a n d c o r r e c t a p p a r e n t m a p p i n g e r r o r s t h a t c a u s e d t h e sp l i t d e s i g n a t i o n s o n t h e s u b j e c t p a r c e l s . Th e p r o p e r t y i s lo c a te d a t 2 2 2 0 2 a n d 2 2 2 0 4 8 8 th Av e n u e S . Co n t a c t : D a n i e l B a l m e l l i , B a r g h a u s e n db a l m e l l i @ b a r g h a u s e n . c o m 42 5 -25 1 -62 2 2 E& C D Re q u e s t i s t o c h a n g e t h e la n d u s e p l a n ma p a n d zo n i n g d e s i g n a t i o n s o f tw o p a r c e l s t o ma t c h t h e de s i g n a t i o n s o f t h e ad j a c e n t p a r c e l s t o t h e ea s t a n d s o u t h . Co n s i d e r d u r i n g Co m p r e h e n s i v e Pl a n U p d a t e d u e 6/ 3 0 / 1 5 Co m p l e t e d DK T -20 1 4 -8 Re c ’ d 8 / 1 8 / 1 4 77 9 0 0 0 0 0 0 5 22 2 2 0 4 9 1 1 3 21 2 2 0 4 9 0 6 8 MI D W A Y S U B A R E A C O M P P L A N L D U S E & Z O N I N G DE S I G N A T I O N AM E N D M E N T Pr o p o s a l t o a m e n d t h e L a n d U s e Pl a n Ma p D e s i g n a t i o n f r o m Co m m e r c i a l t o T O C T r a n s i t O r i e n t e d C o m m u n i t y an d th e Zo n i n g D e s i g n a t i o n f r o m G C G e n e r a l C o m m e r c i a l t o M C R , Mi d w a y C o m m e r c i a l -Re s i d e n t i a l . Th e s i t e i s l o c a t e d a t 3 10 1 S 24 0 th St r e e t an d 24 4 8 1 3 2 nd Av e n u e S o u t h , an d i s c o m p r i s e d o f 14 . 5 7 a c r e s w i t h i n t h e M i d w a y S u b a r e a . Co n t a c t : Ma t t E d w a r d s ma t t . e d w a r d s @ e d w a r d s d e v . c o m 42 5 -98 5 -38 3 5 E& C D Pr o p o s a l a g r e e s w i t h t h e de s i g n a t i o n s p r o p o s e d un d er t h e M i d w a y Su b a r e a P l a n Im p l e m e n t a t i o n i n 2 0 1 1 . At t h a t t i m e t h e a p p l i c a n t s ha d r e q u e s t e d t o m a i n t a i n th e i r e x i s t i n g d e s i g n a t i o n s of C o m m e r c i a l / G C . Co n s i d e r d u r i n g Com p r e h e n s i v e Pl a n U p d a t e d u e 6/ 3 0 / 1 5 Co m p l e t e d 15 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Date: October 10, 2016 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Chris Wadsworth, CFM, Civil Engineering Designer II RE: Proposed Revisions to KCC 14.09 Flood Hazard Regulations [ZCA-2016-10] For Meeting of October 10, 2016 SUMMARY: After holding a public hearing on September 26, 2016, the Land Use and Planning Board recommended to the full City Council approval of amendments to Chapter 14.09 of the Kent City Code, entitled Flood Hazard Regulations. These amendments address tasks identified by FEMA to meet the mandatory minimum requirements for participation in the National Flood Insurance Program (NFIP). The changes include modification of the definition of Substantial Improvement, the addition of a definition for Substantial Damage, and a rewrite of the variances from flood hazard regulations. These changes provide several benefits beyond ensuring the City’s continued participation in the NFIP. They allow for a more comprehensive picture when assessing damages to existing structures from flood waters, and any other type of damage. They close a potential loophole that may have allowed for development to extend into a regulatory floodway as well as detach the ordinance from KCC 11.06 as it is currently written. These provide the City with valuable tools in enforcing its flood hazard regulations. EXHIBITS: Draft Ordinance BUDGET IMPACT: None cc: Ben Wolters, Economic &Community Development Director Tim LaPorte, Public Works Director Charlene Anderson, AICP, Long Range Planning Manager S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2016\ZCA-2016-10 Flood Haz Regulations\101016_ECDC_memo Flood Hazard Regulations_ca_edits.doc MOTION: For Information Only 16 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 14.09.010 and Section 14.09.220 of the Kent City Code pertaining to flood hazard regulations. RECITALS A. On December 1st, 2015 a Community Assistance Visit (CAV) was made by the Federal Emergency Management Agency (FEMA) to ensure the enforcement of federal mandatory minimum flood hazard regulations required for participation as a community in the National Flood Insurance Program (NFIP). B. Two changes to the city’s current flood hazard regulations (Ch. 14.09 KCC) are required to ensure compliance with FEMA’s mandatory minimums for participation in the NFIP. The changes apply to the city’s flood hazard definitions (KCC 14.09.010) and f lood hazard variances (KCC 14.09.220) sections. C. The required change to KCC 14.09.010 adds a definition for Substantial Damage and ties the new language to the current definition for Substantial Improvement. The definition for Substantial Improvement is also updated to reflect the added definition. The revised language presents 1 Amend KCC 14.09 - Re: Flood Hazard Regulations 17 a more comprehensive picture when assessing damages to existing structures. D. The required change to KCC 14.09.220 replaces the current code language with a more detailed process for obtaining a variance from flood hazard regulations, and closes a potential loophole that may have allowed for development to extend into a regulatory floodway. This change has the ancillary benefit of detaching KCC 14.09.220 from KCC 11.06.100. E. The State Environmental Policy Act (SEPA) responsible official has determined that the proposed Kent City Code amendments do not reflect significant changes to amendments to Chapter 14.09 KCC completed in 2015, where environmental review resulted in issuance on April 3, 2015, of an Addendum to the City’s Comprehensive Plan Environmental Impact Statement, and further SEPA analysis is not required for these local code amendments. F. A draft version of this ordinance was submitted to the Washington State Department of Commerce for expedited review on September ______, 2016. The ordinance was considered by the City Land Use and Planning Board after a duly noticed public hearing on September 26, 2016. T his ordinance was also considered by the Economic and Community Development Committee on October 10, 2016, which recommended Council adopt this ordinance. Council has considered this ordinance, together with all public comment, and has determined that adoption is appropriate. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Amend KCC 14.09 - Re: Flood Hazard Regulations 18 ORDINANCE SECTION 1. - Amendment. Section 14.09.010 of the Kent City Code, entitled “Definitions,” is hereby amended as follows: Sec. 14.09.010 Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. Appeal means a request for review of any final action pursuant to this chapter, or of the interpretation of any provision of this chapter by any city official. B. Area of shallow flooding means the land within the floodplain where the base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. C. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year, also referred to as the 100-year flood. D. Base flood elevation means the actual elevation (in mean sea level) of the water surface of the base flood determined by the Federal Emergency Management Agency (FEMA) or other qualified person or agency as described in this chapter. E. Basement means any area of the building having its floor subgrade (below ground level) on all sides. 3 Amend KCC 14.09 - Re: Flood Hazard Regulations 19 F. Best available data means: (1) the data provided by FEMA in a scientific and engineering report entitled Flood Insurance Study for King County, Washington and Incorporated Areas, dated May 16, 1995, along with the accompanying Flood Insurance Rate Map (FIRM), including any subsequent revisions thereto; or (2) hydrologic and hydraulic analyses performed in accordance with standard engineering practice and in accordance with FEMA standards contained in 44 C.F.R. Part 65. G. Compensatory flood storage means any new, excavated flood storage volume equivalent to any flood storage capacity which has been or would be eliminated by filling or grading within the special flood hazard area. The compensatory flood storage must be provided within the special flood hazard area and be free draining. H. Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations; and public and private facilities which produce, use, or store hazardous materials or hazardous waste as defined by the State Department of Ecology. I. Development means any proposed or actual manmade changes to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations located within the special flood hazard area and other site preparation activities, storage of materials or equipment, subdivision of land, removal of substantial amounts of vegetation, or alteration of natural site characteristics. J. Director means the city of Kent economic and community development director or the director’s designee. 4 Amend KCC 14.09 - Re: Flood Hazard Regulations 20 K. Fill means the addition of soil, sand, rock, gravel, sediment, walls, structures and their associated internal volume, or other material by artificial means. L. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; 2. The unusual and rapid accumulation of runoff of surface water from any source. M. Flood fringe means the portion of the special flood hazard area outside of the floodway which is generally covered by floodwaters during the base flood. N. Flood Insurance Rate Map (FIRM) means the official map on which FEMA has delineated both the special flood hazard areas and the risk premium zones applicable to the community. O. Flood insurance study means the official report provided by FEMA that includes flood profiles, the FIRM, and the water surface elevation of the base flood. P. Flood protection elevation means is a minimum of two feet above the base flood elevation. Q. Flood season means the period from October 1st to March 31st during which, historically, the frequency, distribution, and volume (inches 5 Amend KCC 14.09 - Re: Flood Hazard Regulations 21 of rainfall) of storms in the Green River Basin have been the largest and all known major floods have occurred. R. Floodplain means that portion of a river or stream channel and adjacent lands which are subject to the base flood flooding. S. Floodway means the channel of the stream and that portion of the adjoining special flood hazard are a which is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. T. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a b asement area, is not considered a b uilding’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. U. Manufactured home means a structure, used for residential or commercial purposes, transportable in one or more sections, which is built on a pe rmanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term manufactured home does not include park trailers, travel trailers, and other similar vehicles. 6 Amend KCC 14.09 - Re: Flood Hazard Regulations 22 V. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. W. No net fill means that if any fill is brought on to a site for the construction of a s tructure or access road then an equal amount of soil/material will be removed from the site. Earthen fill must be obtained from the same site, to the extent practicable. The soil removed must be from within the boundaries of the site, to the extent practicable, and from within the special flood hazard area. If not practical, soil could be removed from property in the immediate vicinity and within the special flood hazard area. The area from which the soil is removed must be able to drain completely into the adjoining watercourse following a flood. X. New construction means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this chapter. Y. Recreational vehicle means a vehicle which is: 1. Built on a single chassis; 2. Four hundred square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 7 Amend KCC 14.09 - Re: Flood Hazard Regulations 23 Z. Special flood hazard area means the total area subject to inundation by the base flood identified by FEMA in a re port entitled The Flood Insurance Study for King County, Washington and Incorporated Areas, dated May 16, 1995, with accompanying pages on file with King County or the city of Kent department of economic and community development. AA. Start of construction includes substantial improvement, and means the date a bui lding permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days after the permit issuance date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a f oundation. Permanent construction does not include submission of an application for development or land preparation, such as clearing, grading, and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. BB. Structure means that which is built or constructed, or an edifice or building of any kind or any piece of work composed of parts joined together in some definite manner, and includes posts for fences and signs. It specifically includes buildings that are not fully enclosed on all sides where the orientation may affect the flow of floodwaters, but does not include mounds of earth or debris. 8 Amend KCC 14.09 - Re: Flood Hazard Regulations 24 CC. Substantial improvement means any repair, remodeling, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the appraised fair market value of the structure either: 1. Before the improvement or repair is started; or 2. If the structure has been damaged, regardless of whether or not it is determined to be substantial damage, and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a. Any project for improvement of a structure to correct an existing violation of state or local health, sanitary, or safety code specifications, as identified by the local code enforcement official, and which is the minimum necessary to assure safe living conditions; or b. Any alteration of a structure listed on the National Register of Historic Places or a re cognized state or local inventory of historic places. DD. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 9 Amend KCC 14.09 - Re: Flood Hazard Regulations 25 SECTION 2. - Amendment. Section 14.09.220 of the Kent City Code, entitled “Variances,” is hereby amended as follows: Sec. 14.09.220 Variances. Variances shall be completed in accordance with those variance provisions identified in the city of Kent critical areas code found in Chapter 11.06 KCC, as amended. Applications for variances from the strict application of the terms of this chapter to a specific property may be submitted to the city. All variances shall be considered by the hearing examiner as a Process III application, pursuant to Chapter 12.01 KCC. Approval of variances from the strict application of flood hazard regulations shall be consistent with the following criteria: 1. There are unique physical conditions peculiar and inherent to the affected property that make it difficult or infeasible to strictly comply with the provisions of this chapter. 2. The variance is the minimum necessary to accommodate the building or structure footprint and access. 3. The proposed variance would preserve the functions and values of the flood hazard area, and the proposal does not create or increase a r isk to the public health, safety, and ge neral welfare, or to public or private property. 4. The proposed variance would not adversely affect properties surrounding the subject site. 5. Adverse impacts to flood hazard areas resulting from the proposal are minimized. 6. The special circumstances of conditions affecting the property are not a result of the actions of the applicant or previous owner. 7. The variance shall not constitute a grant of special privilege. 10 Amend KCC 14.09 - Re: Flood Hazard Regulations 26 8. No variance shall be approved within a floodway that would cause an increase in the Base Flood Elevation. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: SUE HANSEN, INTERIM CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 11 Amend KCC 14.09 - Re: Flood Hazard Regulations 27 PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) SUE HANSEN, INTERIM CITY CLERK P:\Civil\Ordinance\14.09 Flood Hazard Regulations-Variances.docx 12 Amend KCC 14.09 - Re: Flood Hazard Regulations 28 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Date: 10/10/2016 TO: Chair Bill Boyce and Economic & Community Development Committee FROM: Hayley Bonsteel, Long Range Planner & GIS Coordinator RE: Multifamily Design Guidelines Update For Meeting of October 10, 2016 SUMMARY: The City of Kent adopted multifamily design review in 1991 in response to population growth and increasing multifamily development. The Multifamily Design Review Handbook, approved in 1994, helped city staff work with developers and property owners to achieve quality multifamily development across the city for the last two decades. Over time, several changes have emerged: the document’s strengths and weaknesses have become evident, and construction trends and market forces have altered the multifamily development landscape, to name a few. The multifamily design guidelines are therefore in need of an update, which gives the City a chance to increase their effectiveness. The goals of the new guidelines include meeting the Council’s vision for urban centers, giving clear design direction for developers and providing flexibility to meet requirements. Additionally, the associated code amendments will streamline design review, saving staff time, and rectify inconsistencies in the code. Staff will be available at the October 10, 2016 meeting to discuss the project and answer questions. EXHIBITS: Draft Amendment, Draft Guidelines BUDGET IMPACT: None cc: Ben Wolters, Economic &Community Development Director MOTION: “Information Only” 29 1 Amend KCC Sections - Re: Multifamily and Mixed Use Design ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 15, entitled “Zoning,” to support the update to the Multifamily Design Guidelines and streamline design review. RECITALS A. The City of Kent adopted multifamily design review by Ordinance 3014 in 1991 in response to population growth and increasing multifamily development. B. The Multifamily Design Review Handbook was created in 1994. Since that time, market forces and construction trends have changed the multifamily development landscape, and updated design guidelines are needed to respond to those changes. Staff proposed an update to the multifamily design guidelines in the 2015 Docket, which was approved by the City Council on October 20, 2015. C. Development regulations must be consistent with and implement the comprehensive plan as provided by RCW 36.70A.040(3). The proposed multifamily design guidelines and associated code amendments implement the comprehensive plan’s goals and policies supporting well designed places and buildings. D. The proposed multifamily design guidelines aim to provide more guidance and options for achieving good design. The proposed update includes strong statements of intent, with flexibility for how developers can meet the intent. 30 2 Amend KCC Sections - Re: Multifamily and Mixed Use Design E. On July 25, 2016, Planning staff presented the Land Use and Planning Board (“LUPB”) with an overview of the need for updated guidelines and associated code changes at a workshop meeting, and received authorization to proceed with an amendment proposal. F. On XXX XX, 2016, the City requested expedited review under RCW 36.70A.106 from the Washington State Department of Commerce regarding the City’s proposed code amendments and updated design guidelines. The Washington State Department of Commerce granted the request for expedited review on XXX XX, 2016. No comments were received by State agencies. G. On XXX XX, 2016, the City conducted and completed environmental review under the State Environmental Policy Act (SEPA). The City’s SEPA Responsible Official issued a Determination of Nonsignificance for the code amendments and updated design guidelines. H. On October 10, 2016, Planning staff briefed the Economic and Community Development Committee on the proposed design guidelines and associated code amendments. That same day, staff presented the proposals to the LUPB at a regularly scheduled workshop meeting. I. At its regularly scheduled public meeting on October 24, 2016, the LUPB held a public hearing regarding the proposed code amendments and updated design guidelines. After considering the matter, the LUPB voted to recommend ______ of the proposed amendments to the City Council. J. On November 14, 2016, the ECDC considered the recommendations of the LUPB at its regularly scheduled meeting, and recommended to the full City Council adoption of the proposed code amendments and updated guidelines. 31 3 Amend KCC Sections - Re: Multifamily and Mixed Use Design NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – New Section. Chapter 15.02 of the Kent City Code, entitled “Definitions,” is hereby amended to add a new section 15.02.111.1, entitled “Downtown,” to read as follows: Sec. 15.02.111.1. Downtown. Downtown means the area designated in the City of Kent Downtown Subarea Action Plan as the “Downtown Study Area,” as amended. SECTION 2. - Amendment. Section 15.02.125 of the Kent City Code, entitled “Dwelling, multiple-family,” is hereby amended as follows: Sec. 15.02.125 Dwelling, multiple-family. Multiple-family dwelling means a residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. This definition does not include independent senior living facilities, assisted living facilities, detached single-family structures designed as part of a multiple-structure development such as a planned unit development, residential facilities with health care, transitional housing or group homes. This definition does include senior housing that does not provide meals. SECTION 3. - Amendment. Section 15.02.134 of the Kent City Code, entitled “Facade modulation,” is hereby amended as follows: Sec. 15.02.134 Facade modulation. Facade modulation means a horizontal stepping back or projecting forward of portions of a building facade. The minimum modulation depth shall be three (3) feet, and the minimum modulation width shall be eight (8) feet. 32 4 Amend KCC Sections - Re: Multifamily and Mixed Use Design SECTION 4. - Repealer. Section 15.08.215 of the Kent City Code, entitled “Multifamily transition areas,” is hereby repealed in its entirety. SECTION 5. - Repealer. Section 15.02.272 of the Kent City Code, entitled “Multifamily transition area,” is hereby repealed in its entirety. SECTION 6. – Amendment. Section 15.04.020 of the Kent City Code, entitled “Residential land uses,” is hereby amended as follows: 33 5 Amend KCC Sections - Re: Multifamily and Mixed Use Design Sec. 15.04.020 Residential land uses. Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 One single- family dwelling per lot P P P P P P P P P P P P P P A (1 ) A (1 ) A (1 ) A (1 ) One duplex per lot P (2 7) P (2 7) P (2 7) P One modular home per lot P P P P P P P P P P P P Duplexes P (2 7) P (2 7) P (2 7) P (2 2) P P P P P Multifamil y townhous e units P (2 7) P (2 7) P (2 7) P (1 9) (2 0) P (1 9) (2 0) P P P P (2 ) P (4 ) C (5 ) P P P P P (2 ) Multifamil y dwellings P (2 6) P (2 6) P P P P (2 ) P (4 ) C (5 ) P P P P P (2 ) Mobile homes and manufact ured homes P Mobile home P (1 P (1 P (1 P (1 P (1 P (1 P 34 6 Amend KCC Sections - Re: Multifamily and Mixed Use Design Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 parks 3) 3) 3) 3) 3) 3) Group homes class I-A P P P P P P P P P P P P P P P P P C P P P P C Group homes class I-B P P P P P P P P P P C P P C C C Group homes class II-A C C C C C C C C C C C C C C C C Group homes class II-B C C C C C C C C C C C C C C C C Group homes class II-C C C C C C C C C C C C C C C C C Group homes class III C (2 3) C (2 3) C (2 3) C (2 3) C (2 3) C (2 3) C (2 3) C (2 3) C (2 3) C (2 3) Secure communit y transition facilities23. 24 Rebuild/a ccessory uses for existing dwellings P (6 ) P (6 ) P (6 ) P (6 ) P (6 ) P (6 ) P (6 ) P (6 ) P (6 ) P (6 ) P (6 ) P (6 ) P (6 ) P (6 ) P (6 ) Transition al housing P (2 9) P (2 9) P (2 9) P (2 ) P (4 ) C (5 ) P P P P P (7 ) C (3 0) P (7 ) C (3 0) Rooming A A A A A A A A A A 35 7 Amend KCC Sections - Re: Multifamily and Mixed Use Design Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 and boarding of not more than three persons Farm worker accommo dations A (1 7) A (9 ) A (1 7) Accessory uses and structures customari ly appurtena nt to a permitted use A A A (8 ) (1 8) A (8 ) (1 8) A (8 ) (1 8) A (8 ) (1 8) A (8 ) (1 8) A (1 8) A (1 8) A (1 8) A (1 8) A (1 8) A (1 8) A A A A A A A A A A A A A A Accessory dwelling units and guest cottages A (8 ) (1 0) A (8 ) (1 0) A (8 ) (1 0) A (8 ) (1 0) A (8 ) (1 0) A (8 ) (1 0) A (8 ) (1 0) A (8 ) (1 0) A (8 ) (1 0) A (8 ) (1 0) A (8 ) (1 0) A (8 ) (1 0) A (8 ) (1 0) A (8 ) (1 0) Accessory living quarters A (1 4) A (1 4) A (1 4) A (1 4) A (1 4) A (1 4) A (1 4) A (1 4) A (1 4) A (1 4) A (1 4) A (1 4) A (1 4) A (1 4) Live-work units P (2 8) Home occupatio ns A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) Service buildings A Storage of A (1 A (1 A (1 A (1 A (1 A (1 A (1 A (1 A (1 A (1 A (1 A (1 A 36 8 Amend KCC Sections - Re: Multifamily and Mixed Use Design Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 recreation al vehicles 6) 6) 6) 6) 6) 6) 6) 6) 6) 6) 6) 6) Drive-in churches C C C C C C C C C C C C C C C C C C C C C C C C C C Emergenc y housing; emergenc y shelter C (3 1) C C C C C C C C C C C C C C Independ ent senior living facilities C C C C C P (2 9) P (2 9) P (2 9) P (2 ) C (3 ) P (4 ) C (5 ) P P P P C C P (2 ) C (3 ) Assisted living facilities C C C C C P (2 9) P (2 9) P (2 9) P (2 ) C (3 ) P (4 ) C (5 ) P P P P C C P (2 ) C (3 ) Residenti al facilities with health care C C C C C P (2 9) P (2 9) P (2 9) P (2 ) C (3 ) P (4 ) C (5 ) P P P P C C P (2 ) C (3 ) Designate d manufact ured home P (2 5) P (2 5) P (2 5) P (2 5) P (2 5) P (2 5) P (2 5) P (2 5) P (2 5) P (2 5) P (2 5) P (2 5) P (2 5) 37 9 Amend KCC Sections - Re: Multifamily and Mixed Use Design SECTION 7. - Amendment. Section 15.04.030 of the Kent City Code, entitled “Residential land use development conditions,” is hereby amended as follows: Sec. 15.04.030 Residential land use development conditions. 1. Dwelling units, limited to not more than one per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted. 2. Multifamily residential uses, or other residential facilities where allowed, are only permissible in a mixed use overlay and must be included within a mixed use development. 3. Assisted living facilities, residential facilities with health care, and independent senior living facilities, when not combined with commercial or office uses, require a conditional use permit and are subject to the requirements of KCC 15.09.045 for multifamily design review and mixed use design review, as well as area-specific design review, such as in Midway, Downtown and along the Meeker Street Corridor. These facilities are also subject to the following conditions: a. Must be located within a half mile of publicly accessible amenities in at least three of the following categories, as determined by the economic and community development director. The distance shall be measured as the shortest straight-line distance from the property line of the proposed facility to the property line of the entities listed below: 38 10 Amend KCC Sections - Re: Multifamily and Mixed Use Design i. Public park or trail, as identified in the city’s most recently adopted park and open space plan, or owned or maintained by any agency of the state, or any political subdivision thereof; ii. Preschool, elementary, or secondary school (public or private); iii. Indoor recreational center (community center, senior center, physical recreation facility, bingo or casino hall); iv. Church, religious institution, or other place of worship; v. Cultural arts center (theater, concert hall, artistic, cultural, or other similar event center); vi. Retail services, including, but not limited to: medical services; food and beverage establishments; shopping centers; or other commercial services that are relevant (reasonably useful or germane) to the residents of the proposed facility, as determined by the city’s economic and community development director. b. Alternatively, if the facility provides amenities in one or more of the categories listed in subsection (3)(a) of this section on the ground floor of the facility itself, oriented towards the public (meaning that they are visible, accessible and welcoming), the number of other amenities to which a half-mile proximity is required may be reduced, at the discretion of the city’s economic and community development director. 39 11 Amend KCC Sections - Re: Multifamily and Mixed Use Design 4. Multifamily residential uses, or other residential facilities where allowed, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, or other residential facilities where allowed, when not combined with commercial or office uses. 6. Existing dwellings may be rebuilt, repaired, and otherwise changed for human occupancy. Accessory buildings for existing dwellings may be constructed subject to the provisions of KCC 15.08.160. 7. Transitional housing facilities, limited to a maximum of 20 residents at any one time, plus up to four resident staff. 8. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators, or employees, but not accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed only on the same lot with a principally permitted detached single-family dwelling unit, and are subject to the provisions of KCC 15.08.160 and 15.08.350. 11. Customary incidental home occupations subject to the provisions of KCC 15.08.040. 12. [Reserved]. 40 12 Amend KCC Sections - Re: Multifamily and Mixed Use Design 13. Subject to the combining district requirements of the mobile home park code, Chapter 12.05 KCC. 14. Accessory living quarters are allowed per the provisions of KCC 15.08.359. 15. [Reserved]. 16. Recreational vehicle storage is permitted as an accessory use in accordance with KCC 15.08.080. 17. Accommodations for farm operators and employees, but not accommodations for transient labor. 18. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 19. The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE. 20. All multifamily townhouse developments in an MR-T zone shall be recorded as townhouses with ownership interest, as defined in KCC 15.02.525.1, prior to approval of a certificate of occupancy by the city. 21. [Reserved]. 22. One duplex per lot is permitted. 41 13 Amend KCC Sections - Re: Multifamily and Mixed Use Design 23. Secure community transition facilities are only permitted within the boundaries depicted on the following map, and only with a conditional use permit: 24. A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to Chapter 71.09 RCW. Secure community transition facilities are not subject to the siting criteria of KCC 15.08.280 for class III group homes, but they are subject to a 600-foot separation from any other class II or III group home. In no case shall a secure community transition facility be sited adjacent to, immediately across the street or parking lot from, or within the line of sight of risk potential activities or facilities in existence at the time a site is listed for consideration. Within line of sight means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes of granting a conditional use permit for siting a secure community transition facility, the hearing examiner shall consider an unobstructed visual distance of 600 feet to be within line of sight. During the conditional use permit process for a secure community transition facility, line of sight may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce the line of sight to less than 600 feet. This distance shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. For the purpose of granting a conditional use permit for a secure community transition facility, the hearing examiner shall give great weight to equitable distribution so that the city shall not be subject to a disproportionate share of similar facilities of a state-wide, regional, or county-wide nature. 42 14 Amend KCC Sections - Re: Multifamily and Mixed Use Design 25. A designated manufactured home is a permitted use with the following conditions: a. A designated manufactured home must be a new manufactured home; b. The designated manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product that can be either load bearing or decorative; c. The designated manufactured home shall comply with all city design standards applicable to all other single-family homes; d. The designated manufactured home shall be thermally equivalent to the State Energy Code; and e. The designated manufactured home shall meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. 26. Multifamily dwellings shall be allowed only within the Kent downtown districts outlined in the Downtown Subarea Action Plan and shall be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or similar dwelling units with ownership interest and recorded as such prior to approval of a certificate of occupancy by the city. 27. Within subdivisions, as defined by KCC 12.04.025, vested after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, 25 percent of the total 43 15 Amend KCC Sections - Re: Multifamily and Mixed Use Design number of permitted dwelling units may be duplex or triplex townhouse structures. 28. Live-work units; provided, that the following development standards shall apply for live-work units, in addition to those set forth in KCC 15.04.190: a. The unit shall contain a cooking space and sanitary facility in conformance with applicable building standards; b. Adequate and clearly defined working space must constitute no less than 50 percent of the gross floor area of the live-work unit. Said working space shall be reserved for and regularly used by one or more persons residing there; c. At least one resident in each live-work unit shall maintain at all times a valid city business license for a business on the premises; d. Persons who do not reside in the live-work unit may be employed in the live-work unit when the required parking is provided; e. Customer and client visits are allowed when the required parking is provided; f. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises; 44 16 Amend KCC Sections - Re: Multifamily and Mixed Use Design g. The multiple-family design guidelines and development standards do not apply to live-work units;[Reserved] h. Construct all nonresidential space, to the maximum allowed, to commercial building standards; and i. Provide an internal connection between the residential and nonresidential space within each unit. 29. Subject to the maximum permitted density of the zoning district. For assisted living facilities, residential facilities with health care, and independent senior living facilities, each residential care unit is considered one dwelling unit for purposes of density calculations. 30. Conditional use when the number of residents exceeds 20 at any one time or more than four resident staff. 31. Emergency housing is an allowed conditional use in the MR-D zone only in conjunction with an approved conditional use permit, and subject to the following additional conditions: a. The emergency housing facility must be located on the same lot as an actively operating church or similar religious institution, and the lot must be a minimum of two acres in size; b. The emergency housing facility must be located within a permanent, enclosed building; c. The building footprint of the emergency housing facility cannot exceed the building footprint of the church or similar religious institution that exists on the same lot; 45 17 Amend KCC Sections - Re: Multifamily and Mixed Use Design d. The church or similar religious institution on the same lot as the emergency housing facility shall be primarily liable for the operation and maintenance of the facility itself, as well as the conduct of the residents of the facility on and in the immediate vicinity of the lot, to the maximum extent permitted by law, regardless of whether the organization contracts with a third party for the provision of any services related to the facility itself or its residents; and e. The emergency housing facility shall comply with the setbacks and landscaping requirements for churches, as identified in KCC 15.08.020(A). SECTION 8. - Amendment. Section 15.04.170 of the Kent City Code, entitled “Agricultural and residential zone development standards,” is hereby amended as follows: Sec. 15.04.170 Agricultural and residential zone development standards. 46 18 Amend KCC Sections - Re: Multifamily and Mixed Use Design Zoning Districts A-10 A g r i c u l t u r a l SR -1 R e s i d e n t i a l A g r i c u l t u r a l SR -3 Si n g l e -Fa m i l y R e s i d e n t i a l SR -4. 5 S i n g l e -Fa m i l y R e s i d e n t i a l SR -6 S i n g l e -Fa m i l y R e s i d e n t i a l SR -8 S i n g l e -Fa m i l y R e s i d e n t i a l MR -D Du p l e x Mu l t i f a m i l y R e s i d e n t i a l MR -T1 2 M u l t i f a m i l y Re s i d e n t i a l T o w n h o u s e MR -T1 6 M u l t i f a m i l y R e s i d e n t i a l T o w n h o u s e MR -G L o w D e n s i t y M u l t i f a m i l y R e s i d e n t i a l MR -M M e d i u m D e n s i t y M u l t i f a m i l y Re s i d e n t i a l MR -H H i g h D e n s i t y M u l t i f a m i l y R e s i d e n t i a l MH P Mo b i l e H o m e P a r k Co m b i n i n g SF Du pl ex SF Du ple x MF SF Du ple x MF SF Du ple x MF SF Du ple x MF SF Du ple x MF Maximu m density : dwellin g units per acre 1 d u / 1 0 a c 1 du /a c 3. 63 du s/ ac 4. 53 du s/ ac 6. 05 du s/ ac 8. 71 du s/ ac 8. 71 du s/ ac 10 .8 9 du s/ ac 12 .0 du s/ ac 12 .0 du s/ ac 16 .0 du s/ ac 16.0 dus/a c 16 .0 du s/ ac 16 .0 du s/ ac 23 .0 du s/ ac 23 .0 du s/ ac 40 .0 du s/ ac 40 .0 du s/ ac Minimu m lot area: square feet or acres, as noted 1 0 a c 34 ,7 00 sq ft 9, 60 0 sq ft 7, 60 0 sq ft (3 7) 5, 70 0 sq ft (3 7) 4, 00 0 sq ft (3 7) 4, 00 0 sq ft 8, 00 0 sq ft no ne 8, 00 0 sq ft 8, 50 0/ 3, 50 0 sq ft (2 7) no ne 8, 00 0 sq ft (3 5) 8,50 0/3,5 00 sq ft (35) no ne 8, 00 0 sq ft 8, 50 0/ 2, 50 0 sq ft (1 ) no ne 8, 00 0 sq ft 8, 50 0/ 1, 60 0 sq ft (2 ) no ne 8, 00 0 sq ft 8, 50 0/ 90 0 sq ft (3 ) Minimu m lot width: feet (4) 6 0 ft 60 ft 50 ft 50 ft (3 7) 50 ft (3 7) 40 ft (3 7) 25 ft 80 ft 25 ft 80 ft 80 ft 25 ft 80 ft 80 ft 25 ft 80 ft 80 ft 25 ft 80 ft 80 ft 25 ft 80 ft 80 ft Maximu m site coverag e: percent of site 3 0 % 30 % 45 % (5 ) 45 % (5 ) 50 % (5 ) 55 % (5 ) 55 % (5 ) 40 % (5 ) 55 % (5 ) 40 % (5) 45 % (5 ) 55 % (5 ) 40 % (5) 45% (5) 55 % (5 ) 40 % (5) 45 % 55 % (5 ) 40 % (5) 45 % 55 % (5 ) 40 % (5) 50 % Minimu ( 47 19 Amend KCC Sections - Re: Multifamily and Mixed Use Design Zoning Districts A-10 A g r i c u l t u r a l SR -1 R e s i d e n t i a l A g r i c u l t u r a l SR -3 Si n g l e -Fa m i l y R e s i d e n t i a l SR -4. 5 S i n g l e -Fa m i l y R e s i d e n t i a l SR -6 S i n g l e -Fa m i l y R e s i d e n t i a l SR -8 S i n g l e -Fa m i l y R e s i d e n t i a l MR -D Du p l e x Mu l t i f a m i l y R e s i d e n t i a l MR -T1 2 M u l t i f a m i l y Re s i d e n t i a l T o w n h o u s e MR -T1 6 M u l t i f a m i l y R e s i d e n t i a l T o w n h o u s e MR -G L o w D e n s i t y M u l t i f a m i l y R e s i d e n t i a l MR -M M e d i u m D e n s i t y M u l t i f a m i l y Re s i d e n t i a l MR -H H i g h D e n s i t y M u l t i f a m i l y R e s i d e n t i a l MH P Mo b i l e H o m e P a r k Co m b i n i n g m yard require ments: feet 2 2 ) Front yard 2 0 ft ( 6 ) 20 ft (6 ) 10 ft (6 ) (8 ) (9 ) 10 ft (6 ) (8 ) (9 ) 10 ft (6 ) (8 ) (9 ) 10 ft (6 ) (8 ) (9 ) 10 ft (6 ) (8 ) (9 ) 10 ft (6 ) (8 ) (9 ) 10 ft (6 ) (8 ) (9 ) 10 ft (6) (8) (9) 12 0 ft 10 ft (6 ) (8 ) (9 ) 10 ft (6) (8) (9) 120 ft 10 ft (6 ) (8 ) (9 ) 10 ft (6) (8) (9) 12 0 ft 10 ft (6 ) (8 ) (9 ) 10 ft (6) (8) (9) 12 0 ft 10 ft (6 ) (8 ) (9 ) 10 ft (6) (8) (9) 12 0 ft Side yard 1 5 ft 15 ft 5 ft 8 ft (3 8) 8 ft (3 8) 8 ft (3 8) 5 ft (3 0) 5 ft 5 ft (3 0) 5 ft (1 1) 5 ft (3 0) 5 ft (11) 5 ft (3 0) 5 ft (1 1) 5 ft (3 0) 5 ft (1 1) 5 ft (3 0) 5 ft (1 1) Side yard on flankin g street of a corner lot 2 0 ft 20 ft 10 ft (9 ) 10 ft (9 ) 10 ft (9 ) 10 ft (9 ) 10 ft (9 ) 10 ft (9 ) 10 ft (9 ) 10 ft (9) 15 ft 10 ft (9 ) 10 ft (9) 15 ft 10 ft (9 ) 10 ft (9) 15 ft 10 ft (9 ) 10 ft (9) 15 ft 10 ft (9 ) 10 ft (9) 15 ft Rear yard 2 0 ft 15 ft 5 ft 10 ft 10 ft 10 ft 5 ft 8 ft 5 ft 8 ft 20 ft 5 ft 8 ft 20 ft 5 ft 8 ft 20 ft 5 ft 8 ft 20 ft 5 ft 8 ft 20 ft Additio nal setback s/dista nces betwee n building s ( 1 2 ) (1 2) (3 2) (3 2) (1 4) (1 5) (3 2) (3 1) (3 2) (3 1) (3 2) (14) (15) (31) (32) (3 1) (3 1) (1 4) (1 5) (3 1) (1 4) (1 5) (1 4) (1 5) 48 20 Amend KCC Sections - Re: Multifamily and Mixed Use Design Zoning Districts A-10 A g r i c u l t u r a l SR -1 R e s i d e n t i a l A g r i c u l t u r a l SR -3 Si n g l e -Fa m i l y R e s i d e n t i a l SR -4. 5 S i n g l e -Fa m i l y R e s i d e n t i a l SR -6 S i n g l e -Fa m i l y R e s i d e n t i a l SR -8 S i n g l e -Fa m i l y R e s i d e n t i a l MR -D Du p l e x Mu l t i f a m i l y R e s i d e n t i a l MR -T1 2 M u l t i f a m i l y Re s i d e n t i a l T o w n h o u s e MR -T1 6 M u l t i f a m i l y R e s i d e n t i a l T o w n h o u s e MR -G L o w D e n s i t y M u l t i f a m i l y R e s i d e n t i a l MR -M M e d i u m D e n s i t y M u l t i f a m i l y Re s i d e n t i a l MR -H H i g h D e n s i t y M u l t i f a m i l y R e s i d e n t i a l MH P Mo b i l e H o m e P a r k Co m b i n i n g SF Du pl ex SF Du ple x MF SF Du ple x MF SF Du ple x MF SF Du ple x MF SF Du ple x MF Height limitati on: in stories/ not to exceed in feet 2 . 5 st r y / 3 5 ft ( 1 6 ) 2. 5 str y/ 35 ft 2. 5 str y/ 35 ft 2. 5 str y/ 35 ft 2. 5 str y/ 35 ft 2. 5 str y/ 30 ft 2. 5 str y/ 30 ft 2. 5 str y/ 35 ft 2. 5 str y/ 30 ft 2 str y/ 30 ft 3 str y/ 30 ft 2. 5 str y/ 30 ft 2 str y/ 30 ft 3 stry/ 30 ft 2. 5 str y/ 30 ft 2. 5 str y/ 35 ft 3 str y/ 40 ft 2. 5 str y/ 30 ft 2. 5 str y/ 35 ft 3 str y/ 40 ft 2. 5 str y/ 30 ft 2. 5 str y/ 35 ft 4 str y/ 50 ft Maximu m impervi ous surface : percent of total parcel area 4 0 % ( 1 9 ) 40 % (1 9) 50 % (2 3) 60 % (2 3) 70 % (2 3) 75 % (2 3) 75 % (1 9) 70 % (1 9) 75 % (1 9) 70 % (1 9) 70 % (1 9) 75 % (1 9) 70 % (1 9) 70% (19) 75 % (1 9) 70 % (1 9) 75 % (1 9) 70 % (1 9) 75 % (1 9) 70 % (1 9) Zero lot line and clusteri ng (24) The provisions in KCC 15.08.300, 15.08.310, 15.08.320, and 15.08.330 shall apply. Signs The sign regulations of Chapter 15.06 KCC shall apply. Off- street The off-street parking requirements of Chapter 15.05 KCC shall apply. 49 21 Amend KCC Sections - Re: Multifamily and Mixed Use Design Zoning Districts A-10 A g r i c u l t u r a l SR -1 R e s i d e n t i a l A g r i c u l t u r a l SR -3 Si n g l e -Fa m i l y R e s i d e n t i a l SR -4. 5 S i n g l e -Fa m i l y R e s i d e n t i a l SR -6 S i n g l e -Fa m i l y R e s i d e n t i a l SR -8 S i n g l e -Fa m i l y R e s i d e n t i a l MR -D Du p l e x Mu l t i f a m i l y R e s i d e n t i a l MR -T1 2 M u l t i f a m i l y Re s i d e n t i a l T o w n h o u s e MR -T1 6 M u l t i f a m i l y R e s i d e n t i a l T o w n h o u s e MR -G L o w D e n s i t y M u l t i f a m i l y R e s i d e n t i a l MR -M M e d i u m D e n s i t y M u l t i f a m i l y Re s i d e n t i a l MR -H H i g h D e n s i t y M u l t i f a m i l y R e s i d e n t i a l MH P Mo b i l e H o m e P a r k Co m b i n i n g parking Landsc aping The landscaping requirements of Chapter 15.07 KCC shall apply. Multifa mily transiti on area (25) (25) (2 5) (2 5) (2 5) Multifa mily dDesig n review ( 26 ) (3 9) (4 0) ( 25 ) (2 6) (3 9) (4 0) ( 25 )( 26 )( 39 )( 40 ) ( 25 )( 26 )( 39 )( 40 ) ( 25 )( 26 )( 39 )( 40 ) (25)( 40) (26)(40) (26)(34)(40) (25)(26)(40) (25)(26) (34)(40) (25)(26)(40) Additio nal standar ds Additional standards for specific uses are contained in Chapters 15.08 and 15.09 KCC. ( 2 0 ) (3 1) (3 3) (3 6) (3 3) (3 6) (3 3) (3 6) (3 9) (3 3) (3 6) (3 9) (3 3) (3 6) (3 9) (3 6) (3 6) (2 8) (2 9) (3 6) (2 8) (2 9) (3 4) (3 6) (3 6) (3 6) (3 6) (3 6) (3 6) (3 6) (3 6) (3 6) (3 6) ( 3 6 ) 50 22 Amend KCC Sections - Re: Multifamily and Mixed Use Design SECTION 9. - Amendment. Section 15.04.180 of the Kent City Code, entitled “Agricultural and residential land use development standard conditions,” is hereby amended as follows: Sec. 15.04.180 Agricultural and residential land use development standard conditions. 1. Minimum lot area is 8,500 square feet for the first two dwelling units, and 2,500 square feet for each additional dwelling unit. 2. Minimum lot area is 8,500 square feet for the first two dwelling units, and 1,600 square feet for each additional dwelling unit. 3. Minimum lot area is 8,500 square feet for the first two dwelling units, and 900 square feet for each additional dwelling unit. 4. To determine minimum lot width for irregular lots, a circle of applicable diameter (the minimum lot width permitted) shall be scaled within the proposed boundaries of the lot; provided, that an access easement to another lot is not included within the circle. 5 Interior yards shall not be computed as part of the site coverage. 6. Porches and private shared courtyard features may be built within the front building setback line. 7 For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the front yard. 51 23 Amend KCC Sections - Re: Multifamily and Mixed Use Design 8. Proposed front yards less than 20 feet in depth are subject to approval by the planning manager, based on review and recommendation from the public works department relative to the existing and future traffic volumes and right-of-way requirements as specified in the city comprehensive transportation plan and city construction standards. 9. At least 20 linear feet of driveway shall be provided between any garage, carport, or other primary parking area and the street property line with the exception of an alley property line. 10. An aggregate side yard of 30 feet shall be provided. A minimum of 10 feet shall be provided for each side yard. On a corner lot the side yard setback shall be a minimum of 20 feet from the property line. 11. Each side yard shall be a minimum of 10 percent of the lot width; however, regardless of lot width, the yard width need not be more than 30 feet. For multifamily townhouse developments that attach three units or less, in the MRT-12 or MRT-16 zoning districts the aggregate yard width need not be more than 30 feet, but in no case shall a yard be less than 10 feet. 12. Structures for feeding, housing, and care of animals, except household pets, shall be set back 50 feet from any property line. 13. Additional setbacks for the agriculture general AG zoning district. a. Structures for feeding, housing, and care of animals shall be set back 50 feet from any property line. 52 24 Amend KCC Sections - Re: Multifamily and Mixed Use Design b. Transitional conditions shall exist when an AG district adjoins a residential district containing a density of two dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. c. Setbacks, Green River. Industrial development in the AG district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high- water mark of the river a minimum of 200 feet. Such setbacks are in accordance with the city comprehensive plan and in accordance with the high quality of site development typically required for the industrial park areas of the city and in accordance with the State Shoreline Management Act of 1971, and shall be no more or less restrictive than the Shoreline Management Act. 14. An inner court providing access to a double-row building shall be a minimum of 20 feet. 15. The distance between principal buildings shall be at least one- half the sum of the height of both buildings; provided, however, that in no case shall the distance be less than 12 feet. This requirement shall also apply to portions of the same building separated from each other by a court or other open space. 16. The height limitations shall not apply to barns and silos; provided, that they are not located within 50 feet of any lot line. 53 25 Amend KCC Sections - Re: Multifamily and Mixed Use Design 17. Beyond this height, to a height not greater than either four stories or 60 feet, there shall be added one additional foot of yard for each additional foot of building height. 18. The planning manager shall be authorized to approve a height greater than four stories or 60 feet, provided such height does not detract from the continuity of the area. When a request is made to exceed the building height limit, the planning manager may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses. 19. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be 10,000 square feet when the lot is greater than one acre. 20. The following uses are prohibited: a. The removal of topsoil for any purpose. b. Grade and fill operations; provided, that limited grade and fill may be approved as needed to construct permitted buildings or structures. c. All subsurface activities, including excavation for underground utilities, pipelines, or other underground installations, that cause permanent disruption of the surface of the land. Temporarily disrupted soil surfaces shall be restored in a manner consistent with agricultural uses. 54 26 Amend KCC Sections - Re: Multifamily and Mixed Use Design d. Dumping or storage of nonagricultural solid or liquid waste, or of trash, rubbish, or noxious materials. e. Activities that violate sound agricultural soil and water conservation management practices. 21. Outdoor storage for industrial uses shall be located at the rear of a principally permitted structure and shall be completely fenced. 22. Mobile home park combining district, MHP. The standards and procedures of the city mobile home park code shall apply. General requirements and standards for mobile home park design, KCC 12.04.055; mobile home parks, Chapter 12.05 KCC. 23. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be 10,000 square feet. 24. Minimum lot width, building setbacks, and minimum lot size regulations may be modified consistent with provisions for zero lot line and clustering housing development. 25. The requirements of KCC 15.08.215 shall apply in any multifamily transition area, which includes any portion of a multifamily district within 100 feet of a single-family district or within 100 feet of a public street right-of-way.Assisted living facilities, independent senior living facilities, and residential facilities with healthcare are subject to multifamily design review as provided for in KCC 15.09.045(D). 26. The requirements of KCC 15.09.045(D) for multifamily design review shall apply to any multifamily dwelling or transitional housing of three or more units, including triplex townhouse structures, except when 55 27 Amend KCC Sections - Re: Multifamily and Mixed Use Design located within Downtown or along Meeker Street from 64th Avenue South to Kent-Des Moines Road where development is subject to downtown design review pursuant to KCC 15.09.046. 27. Minimum lot area is 8,500 square feet for the first two dwelling units, and 3,500 square feet for each additional dwelling unit. 28. The following zoning is required to be in existence on the entire property to be rezoned at the time of application of a rezone to an MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE. 29. All multifamily townhouse developments in the MR-T zone shall be townhouses with ownership interest only. 30. As an option to the five-foot side yard requirement for single- family development in all multifamily zoning districts as set forth in KCC 15.04.170, a side yard width of no less than three feet may be utilized under the following conditions: a. Fire hydrants for the development, as required by the fire code set forth in KCC Title 13, will be placed a maximum of 300 feet in separation; b. The required fire hydrants shall have a minimum fire flow of 1,500 gallons per minute; and c. Emergency vehicle access roads shall be provided to the development, which includes an improved road accessible within 150 feet of all portions of the exterior first floor of the structure. 56 28 Amend KCC Sections - Re: Multifamily and Mixed Use Design This option is subject to the approval of the Washington State Building Council. Application of this option shall be effective upon receipt by the city of Kent of such approval. 31. Where lands are located wholly or partially within the urban separator, as designated on the City of Kent Comprehensive Land Use Plan Map, dwelling units shall be required to be clustered, subject to the provisions of Chapter 12.04 KCC, entitled “Subdivisions, Binding Site Plans, and Lot Line Adjustments.” The density in a cluster subdivision shall be no greater than the density that would be allowed on the parcel as a whole, including all critical areas (creeks, wetlands, geological hazard areas), and buffers, using the maximum density provisions of the zoning district in which it is located. The common open space in a cluster subdivision shall be a minimum of 50 percent of the nonconstrained area of the parcel. The nonconstrained area of the parcel includes all areas of the parcel, minus critical areas, as defined in RCW 36.70A.030(5) as currently and hereinafter amended, and buffers. The remainder of the nonconstrained area of the parcel shall be the buildable area of the parcel. The common open space tracts created by clustering shall be located and configured in the manner that best connects and increases protective buffers for environmentally sensitive areas, connects and protects area wildlife habitat, creates connectivity between the open space provided by the clustering and other adjacent open spaces as well as existing or planned public parks and trails, and maintains scenic vistas. Critical areas and buffers shall not be used in determining lot size and common open space requirements in a cluster subdivision. All natural features (such as streams and their buffers, significant stands of trees, and rock outcroppings), as well as sensitive areas (such as steep slopes and wetlands and their buffers), shall be preserved as open space in a cluster subdivision. 57 29 Amend KCC Sections - Re: Multifamily and Mixed Use Design Future development of the common open space shall be prohibited. Except as specified on recorded documents creating the common open space, all common open space resulting from lot clustering shall not be altered or disturbed in a manner that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource lands; impairs scenic vistas and the connectivity between the open space provided by the clustered development and adjacent open spaces; degrades wildlife habitat; and impairs the recreational benefits enjoyed by the residents of the development. Such common open spaces may be retained under ownership by the owner or subdivider, conveyed to residents of the development, conveyed to a homeowners’ association for the benefit of the residents of the development, conveyed to the city with the city’s consent and approval or to another party upon approval of the city of Kent. The minimum lot size of individual lots within a clustered subdivision is 2,500 square feet, and the minimum lot width is 30 feet. In the event that common open space prohibits development of one single-family residence on the parcel, the common open space will be reduced by the amount necessary to meet the minimum 2,500-square-foot lot size. New lots created by any subdivision action shall be clustered in groups not exceeding eight units. There may be more than one cluster per project. Separation between cluster groups shall be a minimum of 120 feet. Sight- obscuring fences are not permitted along cluster lot lines adjacent to the open space area. 32. For multifamily townhouse developments that attach three units, the minimum building to building separation shall be 10 feet. For duplex and single-family condominium townhouse developments, the minimum building to building separation shall be established through the 58 30 Amend KCC Sections - Re: Multifamily and Mixed Use Design International Building Code (IBC) or International Residential Code (IRC), as may be applicable. 33. Where lands are located wholly outside the urban separator, as designated on the City of Kent Comprehensive Land Use Plan Map, dwelling units may be clustered, subject to the applicable provisions of Chapter 12.04 KCC. 34. The downtown design review requirements of KCC 15.09.046 shall apply for all development within Downtown or along Meeker Street from 64th Avenue South to Kent-Des Moines Road. 35. Minimum lot area requirements do not apply to multifamily development in the Kent downtown planning area identified in KCC 15.09.046. 36. Cargo containers proposed to be located in a residential zone must be located completely within a stick-built structure with a peaked roof and building materials similar to that of the principal residence on the site. No containers greater than 10 feet by 20 feet may be placed in residential districts. This restriction does not apply to containers collecting debris or accepting household goods for moving that are located on residential property for less than 72 hours. Additionally, institutional uses are exempt from these requirements except when a shipping container is proposed to be located adjacent to or within sight of a residential use. 37. For subdivisions and short subdivisions created after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, the minimum lot size shall be 3,000 square feet. Minimum lot width shall be measured by scaling a 30- foot-diameter circle within the boundaries of the lot; provided, that 59 31 Amend KCC Sections - Re: Multifamily and Mixed Use Design easement areas may not be included in the required 30-foot-diameter circle. The lot frontage along private or public streets shall be a minimum 20 feet in width. Minimum driveway separation shall be 10 feet. Shared driveways are permitted. 38. Subdivisions and short subdivisions created on or before March 22, 2007, may have minimum five-foot side yards. Fifty percent of the lots within subdivisions and short subdivisions created after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, may have minimum five-foot side yards when special life safety measures are provided. The sum total of both side yards for the remaining 50 percent of the lots shall be a minimum 16 feet; any individual side yard less than eight feet may require special life safety measures. 39. The residential design review standards of KCC 15.09.045(C) shall apply to subdivisions and short subdivisions created after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007. 40. Duplexes are subject to the residential design review standards of KCC 15.09.045(C), except when located within Downtown or along Meeker Street from 64th Avenue South to Kent-Des Moines Road where they are subject to downtown design review pursuant to KCC 15.09.046. SECTION 10. - Amendment. Section 15.04.190 of the Kent City Code, entitled “Commercial and industrial zone development standards,” is hereby amended as follows: 60 32 Amend KCC Sections - Re: Multifamily and Mixed Use Design Sec. 15.04.190 Commercial and industrial zone development standards. 61 33 Amend KCC Sections - Re: Multifamily and Mixed Use Design Zoning Districts NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 AG Minimum lot area: square feet or acres, as noted 10,0 00 sq ft 10,000 sq ft 5,0 00 sq ft (1) (66 ) 5,0 00 sq ft (66 ) 7,500 sq ft 7,500 sq ft 7,500 sq ft 10,0 00 sq ft 10,0 00 sq ft 10,000 sq ft (66) 1 acr e 10,0 00 sq ft 20,0 00 sq ft 15,0 00 sq ft 1 acr e Maximu m site coverage : percent of site 40% 40% 100 % 100 % 80% 100% 80% 50% 50% 40% 60 % 60% 65% 75% 60 % Minimum yard requirem ents: feet Front yard 10 ft 15 ft (2) (3) 20 ft (68) 20 ft 15 ft 15 ft 20 ft (5) (5) (6) (7) (5) Side yard (8) (9) (2) (3) (68) (10) (68) (10) (68) (10) (10) (10) (10) (1 2) (12) (13) (14) (1 2) Side yard on flanking street of corner lot The Midwa y Design Guideli nes shall apply The Midwa y Design Guideli nes shall apply The Midwa y Design Guideli nes shall apply (1 7) (17) (17) (18) (1 7) Rear yard (8) 20 ft (2) (3) (68) (19) (68) (19) (68) (19) (19) (19) (19) (2) (2 0) (20) (21) (21) (2 0) Yards, transition al condition s (2 3) (23) (24) (25) (2 3) Additiona l setbacks (2 9) (29) (2 9) Height limitation : in stories/n ot to exceed in 2 stry/ 35 ft 3 stry/ 40 ft (30) 4 stry / 60 ft (31 (32 ) 5 stry/5 5 ft (69) (70) 16 stry/2 00 ft (70) 16 stry/2 00 ft (70) 2 stry/ 35 ft (30) 2 stry/ 35 ft (30) 2 stry/ 35 ft (30) 2 str y/ 35 ft (3 2 stry/ 35 ft (35) 2 stry/ 35 ft (35) 2 stry/ 35 ft (37) 2 str y/ 35 ft (3 62 34 Amend KCC Sections - Re: Multifamily and Mixed Use Design Zoning Districts NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 AG feet ) 5) 5) Landscap ing The landscaping requirements of Chapter 15.07 KCC shall apply. (5 2) (52) (5 2) Outdoor storage (39) (39) (40) (41) (40) (41) (40) (4 3) (43) (44) (45) (51) (4 3) Signs The sign regulations of Chapter 15.06 KCC shall apply. (60) Vehicle drive- through, drive-in, and service bays (46) (46) (46 ) (46) (46) (46) (46) Loading areas (4 7) (4 8) (47) (48) (47) (49) (47) (51) (4 7) (4 8) Off- street parking The off-street parking requirements of Chapter 15.05 KCC shall apply. (57) (57) (57) (57) (5 8) (58) (58) (57) (5 8) Design Review (4)(11) (15) (31 ) (31) (71) (71) (71) (4) (4)( 72) (4)(11)(15 )(72) Additiona l standard s (50) (56) (62) (63) (64) (65) (36) (50) (56) (31 ) (50 ) (56 ) (31 ) (50 ) (56 ) (67 ) (50) (56) (71) (50) (56) (71) (50) (56) (71) (50) (56) (50) (56) (31) (36) (50) (56) (72) (5 0) (5 3) (5 4) (5 5) (5 6) (50) (53) (54) (55) (56) (50) (54) (55) (56) (50) (54) (55) (56) (5 0) (5 3) (5 4) (5 5) (5 6) 63 35 Amend KCC Sections - Re: Multifamily and Mixed Use Design SECTION 11. - Amendment. Section 15.04.195 of the Kent City Code, entitled “Commercial and industrial land use development standard conditions,” is hereby amended as follows: Sec. 15.04.195 Commercial and industrial land use development standard conditions. 1. Minimum lot of record or 5,000 square feet, whichever is less. 2. None, except as required by landscaping, or if off-street parking is provided onsite. See the downtown design review criteria outlined in KCC 15.09.046. 3. No minimum setback is required. If a rear and/or side yard abuts a residential district, a 20-foot setback may be required for any yard abutting a residential district. See the downtown design review criteria outlined in KCC 15.09.046. 4. Independent senior living facilities, assisted living facilities and residential facilities with healthcare are subject to the requirements of KCC 15.09.045(D) for multifamily design review, unless they are located within Downtown or along Meeker Street from 64th Avenue South to Kent- Des Moines Road, where they are subject to downtown design review pursuant to KCC 15.09.046.[Reserved]. 5. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: 64 36 Amend KCC Sections - Re: Multifamily and Mixed Use Design a. Properties fronting on arterial and collector streets shall have a minimum setback of 20 feet. b. Properties fronting on local access streets shall have a minimum setback of 20 feet. 6. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterials and collector streets shall have a minimum setback of 40 feet. b. Properties fronting on local access streets shall have a minimum setback of 30 feet. 7. The front yard shall be 10 percent of the lot depth. Regardless of lot size, the yard depth need not be more than 35 feet. 8. No side or rear yard is required, except when abutting a district other than NCC, in which case the yard shall be not less than five feet in width; provided, however, that if the abutting district or use is residential, then the yard shall be 10 feet in width and fully landscaped. 9. No side yard is required, except when abutting a more restrictive district, in which case the side yard shall be not less than 20 feet in width. 10. No side yard is required, except when abutting a residential district, in which case the side yard shall be not less than 20 feet in width. 65 37 Amend KCC Sections - Re: Multifamily and Mixed Use Design 11. All projects along Meeker Street from 64th Avenue South to Kent-Des Moines Road are subject to KCC 15.09.046 for downtown design review.[Reserved]. 12. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 40 feet. There shall be a minimum of 15 feet on each side. 13. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 30 feet. There shall be a minimum of 10 feet on each side. 14. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 25 feet. There shall be a minimum of 10 feet on each side. 15. Design review for mixed use development is required as provided for in KCC 15.09.045(F); see KCC 15.04.200 for mixed use development standards.[Reserved]. 16. [Reserved]. 17. The minimum side yard on the flanking street of a corner lot shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterial and collector streets shall have a minimum setback of 40 feet. 66 38 Amend KCC Sections - Re: Multifamily and Mixed Use Design b. Properties fronting on local access streets shall have a minimum setback of 30 feet. 18. The side yard on the flanking street of a corner lot shall be at least 10 percent of the lot width, unless the 10 percent figure would result in a side yard of greater than 20 feet, in which case the side yard need not be more than 20 feet. 19. No rear yard is required, except when abutting a residential district, in which case the rear yard shall be not less than 20 feet in width. 20. No rear yard is required, except as may be required by other setback provisions of this section. 21. No rear yard is required, except as may be required by transitional conditions. 22. [Reserved]. 23. Transitional conditions shall exist when an industrial park M1 or M1-C district and AG district adjoin a residential district containing a density of two dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes intervening use such as a river, freeway, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. 67 39 Amend KCC Sections - Re: Multifamily and Mixed Use Design 24. Transitional conditions shall exist when an M2 district adjoins a residential district containing a density of two dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, freeway, railway main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. 25. Transitional conditions shall exist when an M3 district adjoins a residential district containing a density of two dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. 26. [Reserved]. 27. [Reserved]. 28. [Reserved]. 29. Development in the M1 or M1-C district and AG district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of 200 feet. Such setbacks are in accordance with 68 40 Amend KCC Sections - Re: Multifamily and Mixed Use Design the state Shoreline Management Act of 1971, and shall be no more or less restrictive than the Shoreline Management Act. 30. The economic and community development director shall be authorized to grant one additional story in height, if during development plan review it is found that this additional story would not detract from the continuity of the area. More than one additional story may be granted by the land use and planning board. 31. The downtown design review requirements of KCC 15.09.046 shall apply. 32. No maximum height limit is required, except for parcels located within a downtown commercial enterprise – transitional overlay (DCE-T), where the height limit is 35 feet. See also the downtown design review criteria outlined in KCC 15.09.046. 33. [Reserved]. 34. [Reserved]. 35. Beyond this height, to a height not greater than either four stories or 60 feet, there shall be added one additional foot of yard for each one foot of additional building height. The economic and community development director shall be authorized to approve one additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increase may be granted by the land use and planning board. 69 41 Amend KCC Sections - Re: Multifamily and Mixed Use Design 36. Design review for mixed use development is required as provided in KCC 15.09.045(F). In addition to KCC 15.09.045(F), the multifamily and downtown design guidelines of KCC 15.09.045(D) and KCC 15.09.046 shall apply for all uses in the GC, GC-MU and CC-MU districts along the Meeker Street Corridor from 64th Avenue South to Kent-Des Moines Road. [Reserved]. 37. The height limitation is two stories or 35 feet. Beyond this height, to a height not greater than either four stories or 60 feet, there shall be added one additional foot of yard for each two feet of additional building height. The economic and community development director shall be authorized to approve one additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increases may be granted by the land use and planning board. 38. [Reserved]. 39. Outdoor storage areas are prohibited. 40. Outdoor storage areas shall be fenced for security and public safety by a sight-obscuring fence unless it is determined through the development plan review that a sight-obscuring fence is not necessary. 41. Any unfenced outdoor storage areas shall be paved with asphaltic concrete, cement, or equivalent material to be approved by the city engineer. 42. [Reserved]. 70 42 Amend KCC Sections - Re: Multifamily and Mixed Use Design 43. Outside storage or operations yards in the M1 or M1-C district and AG district shall be permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. Outside storage or operations yards shall be confined to the area to the rear of the principal building or the rear two-thirds of the property and reasonably screened from view from any property line by appropriate walls, fencing, earth mounds, or landscaping. Outside storage exceeding a height of 15 feet shall be so placed on the property as to not detract from the reasonably accepted appearance of the district. 44. Outside storage or operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building, and shall be reasonably screened from view from any street by appropriate walls, fencing, earth mounds, or landscaping. 45. Outside storage or operations areas shall be fenced for security and public safety at the property line. 46. Wherever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required. 47. Loading areas must be located in such a manner that no loading, unloading, or maneuvering of trucks associated therewith takes place on public rights-of-way. 48. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of 36 inches and a maximum of 71 43 Amend KCC Sections - Re: Multifamily and Mixed Use Design 42 inches in height. Landscaping located on the berm shall conform to type III landscaping as described in KCC 15.07.050. 49. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of 30 inches in height. Landscaping located on the berm shall conform to type III landscaping described in KCC 15.07.050 pertaining to visual buffers. 50. Development plan approval is required as provided in KCC 15.09.010. 51. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of 20 inches in height. Landscaping located on the berm shall conform to type III landscaping described in KCC 15.07.050 pertaining to visual buffers. 52. Where building walls face adjacent streets and are unfenestrated for more than 40 feet at any point along the facade, additional landscaping shall be required to reduce visual impacts. In such circumstances, type II landscaping, as defined in KCC 15.07.050, shall be required; provided, that evergreen trees shall be at least 10 feet in height and deciduous trees shall be a minimum of two-inch caliper at the time of planting. 53. Predominant activities and operations shall be completely enclosed within buildings or structures, except for customary appurtenances such as loading and unloading areas, or where special conditions are imposed pursuant to the approval of a conditional use permit. The economic and community development director shall be 72 44 Amend KCC Sections - Re: Multifamily and Mixed Use Design authorized to determine the reasonable application of this provision in cases of operational hardship or other showing of uncommon circumstances. 54. Multitenant buildings shall be permitted. 55. All required yards, parking areas, storage areas, operations yards, and other open uses on the site shall be maintained in a neat and orderly manner appropriate for the district at all times. The economic and community development director shall be authorized to reasonably pursue the enforcement of this subsection where a use is in violation, and to notify the owner or operator of the use in writing of such noncompliance. The property owner or operator of the use shall be given a reasonable length of time to correct the condition. 56. The performance standards as provided in KCC 15.08.050 shall apply. 57. Off-street parking may be located in required yards except in areas required to be landscaped. 58. Those areas not required to be landscaped may be used for off-street parking. 59. [Reserved]. 60. Signage on commercial uses in the M1-C zone shall be as specified in KCC 15.06.050(B). Signage on industrial uses in the M1-C zone shall be as specified in KCC 15.06.050(H). 61. [Reserved]. 73 45 Amend KCC Sections - Re: Multifamily and Mixed Use Design 62. Parking should be located either next to or behind the building. Parking should not be placed between the street and the building. 63. A direct pedestrian connection shall be provided from the street to the building. 64. Screening by either an enclosure and/or evergreen landscaping shall be provided for mechanical equipment, service doors, and garbage areas. Rooftop equipment shall be enclosed with a parapet or similar design feature. 65. Structures shall be designed to maintain the residential character of the surrounding neighborhood. Modulating the building mass, adding dormer windows, covered entryways, or porches are ways to enhance the human scale and provide a residential dimension to structures. 66. Minimum lot area requirements do not apply to multifamily development in the Kent downtown planning area identified in KCC 15.09.046. 67. Within the downtown commercial enterprise – transitional overlay (DCE-T), downtown design review guidelines regarding balconies and/or upper floor setbacks (sections III.B and III.C) are required elements, not optional elements. 68. No yard, except as required by landscaping, or if surface parking is provided onsite. See the Midway Design Guidelines and KCC 15.09.045. 74 46 Amend KCC Sections - Re: Multifamily and Mixed Use Design 69. The height limitation of new construction in MTC-1 zoning district abutting a residential district shall be 35 feet in height within 20 feet from the residential district and 45 feet in height within 40 feet from the residential district. 70. New construction shall conform to applicable Federal Aviation Administration regulations, including 14 C.F.R. Part 77, as presently constituted or as may be subsequently amended. 71. The transit-oriented community design review requirements of KCC 15.09.045(G) shall apply. 72. Multifamily development or transitional housing with three or more families outside of Downtown is subject to multifamily Ddesign review for multifamily development is required as provided in KCC 15.09.045(D). SECTION 12. - Amendment. Section 15.04.200 of the Kent City Code, entitled “Mixed use overlay development standards,” is hereby amended as follows: Sec. 15.04.200 Mixed use overlay development standards. 75 47 Amend KCC Sections - Re: Multifamily and Mixed Use Design Overlay Districts GC-MU CC-MU Floor area ratio Not applicable 0.40 for commercial uses. 0.50 for commercial uses combined with residential uses; provided, that commercial floor area may be increased by one square foot for each square foot of residential floor area provided up to a maximum commercial FAR of 0.5. 1.0 for residential uses; provided, that residential FAR may be increased by 0.5 if parking is provided below grade, up to a maximum of 1.5. Site coverage 40 percent for commercial uses. 60 percent for commercial uses with residential uses; provided, that five percent of the gross floor area is commercial use, except within the downtown area (as defined in KCC 15.09.046), where 25 percent of the gross floor area must be commercial use. 40 percent for commercial uses. 60 percent for commercial uses with residential uses; provided, that 25 percent of the gross floor area is residential use. Height 65 feet. 25 feet; provided, that basic heights may be increased up to the maximum height of 40 feet. (1) Front yard Zero feet; provided, that some setback may be required in the front yard to accommodate a sidewalk which shall be at least 10 feet in width. Zero feet; provided, that some setback may be required in the front yard to accommodate a sidewalk which shall be at least 10 feet in width. Rear and side yard Zero feet; provided, that setbacks of at least 20 feet will be required in any rear or side yards that are adjacent to a residential zoning district. Zero feet; provided, that setbacks of at least 20 feet will be required in any rear or side yards that are adjacent to a residential zoning district. Off- street parking The off-street parking requirements of Chapter 15.05 KCC shall apply. Retail/office uses: four spaces per 1,000 square feet of floor area. (2) Residential uses. (3) Design review Design review requirements of KCC 15.09.045(FD) shall apply for all mixed use projects in GC-MU zones, except for the following: a. Projects along Meeker Street from 64th Avenue South to Kent-Des Moines Road and in Downtown are subject to downtown design review requirements of KCC 15.09.046. a.b. Independent senior living facilities, assisted living facilities, residential facilities with healthcare or transitional housing of three or more families located outside of Downtown and Meeker Street from 64th Avenue Design review requirements of KCC 15.09.045(F) shall apply for all mixed use projects in CC-MU zones, except for the following: a. Projects along Meeker Street from 64th Avenue South to Kent-Des Moines Road and in Downtown are subject to downtown design review requirements of KCC 15.09.046. a.b. Independent senior living facilities, assisted living facilities, residential facilities with healthcare or transitional housing of three or more families located 76 48 Amend KCC Sections - Re: Multifamily and Mixed Use Design Overlay Districts GC-MU CC-MU South to Kent-Des Moines Road are subject to multifamily design review as provided for in KCC 15.09.045(D).and (F) and 15.09.046 shall apply, including application of the multifamily, mixed use and downtown design guidelines of KCC 15.09.045(D) and (F) and 15.09.046 for all uses in the GC-MU overlay district along the Meeker Street Corridor from 64th Avenue South to Kent-Des Moines Road. outside of Downtown and Meeker Street from 64th Avenue South to Kent-Des Moines Road are subject to multifamily design review as provided for in KCC 15.09.045(D). shall apply for all projects., including application of the multifamily, mixed use and downtown design guidelines of KCC 15.09.045(D) and (F) and 15.09.046 for all uses in the CC- MU overlay district along the Meeker Street Corridor from 64th Avenue South to Kent-Des Moines Road. SECTION 13. - Amendment. Section 15.08.400 of the Kent City Code, entitled “Planned unit development, PUD,” is hereby amended as follows: Sec. 15.08.400 Planned unit development, PUD. The intent of the PUD is to create a process to promote diversity and creativity in site design, and protect and enhance natural and community features. The process is provided to encourage unique developments which may combine a mixture of residential, commercial, and industrial uses. The PUD process permits departures from the conventional siting, setback, and density requirements of a particular zoning district in the interest of achieving superior site development, creating open space, and encouraging imaginative design by permitting design flexibility. By using flexibility in the application of development standards, this process will promote developments that will benefit citizens that live and work within the city. A. Zoning districts where permitted. PUDs are permitted in all zoning districts with the exception of the A-10, agricultural zone; provided, however, that PUDs in SR zones are only allowed if the site is at least one hundred (100) acres in size, except as provided in subsection (C) of this section. 77 49 Amend KCC Sections - Re: Multifamily and Mixed Use Design B. Permitted uses. 1. Principally permitted uses. The principally permitted uses in PUDs shall be the same as those permitted in the underlying zoning classifications, except as provided in subsection (B)(4) of this section. 2. Conditional uses. The conditional uses in PUDs shall be the same as those permitted in the underlying zoning classification. The conditional use permit review process may be consolidated with that of the PUD pursuant to procedures specified in subsection (F) of this section. 3. Accessory uses. Accessory uses and buildings which are customarily incidental and subordinate to a principally permitted use are also permitted. 4. Exceptions. In residential PUDs of one hundred (100) acres or more located in SR zones, and in residential PUDs of ten (10) acres or more located in other zoning districts, commercial uses may be permitted. Commercial uses shall be limited to those uses permitted in the neighborhood convenience commercial district. In PUDs of one hundred (100) acres or more in size located in SR zones, attached dwelling units are permitted only if they are condominiums created in accordance with the Washington Condominium Act, Chapter 64.34 RCW; provided, that if a proposed PUD in a single-family zoning district includes such attached condominiums, the density bonus provisions outlined in subsection (D) of this section shall not apply; and further provided, that no condominium building may exceed two (2) stories. 78 50 Amend KCC Sections - Re: Multifamily and Mixed Use Design C. Development standards. The following development standards are minimum requirements for a planned unit development: 1. Minimum lot size exclusion. The minimum lot size requirements of the districts outlined in this title shall not apply to PUDs. 2. Minimum site acreage. Minimum site acreage for a PUD is established according to the zoning district in which the PUD is located, as follows: Zones Minimum Site Acreage Multifamily (MR-D, MR-G, MR-M, MR‑H, MR‑T12, MR‑T16) None Commercial, office and manufacturing zones None SR zones (SR-1, SR-3, SR-4.5, SR-6, SR‑8) consisting entirely of detached single-family dwellings as defined in KCC 15.02.115 5 acres SR zones (SR-1, SR-3, SR-4.5, SR-6, SR‑8) consisting entirely of detached single-family dwellings as defined in KCC 15.02.115 and if providing increased wetland buffers pursuant to KCC 11.06.600(D) 0 acres SR zones (SR-1, SR-3, SR-4.5, SR-6, SR‑8) not comprised entirely of detached single-family dwellings as defined in KCC 15.02.115 100 acres 3. Minimum perimeter building setback. The minimum perimeter building setback of the underlying zone shall apply. Multifamily transition area requirements shall apply to any multifamily developments (as provided in KCC 15.08.215), except where specifically exempted by administrative design review (as provided in KCC 15.09.045). The hearing 79 51 Amend KCC Sections - Re: Multifamily and Mixed Use Design examiner may reduce building separation requirements to the minimum required by the building and fire departments according to the criteria set forth in subsection (F)(1) of this section. If an adjacent property is undevelopable under this title, the hearing examiner may also reduce the perimeter building setback requirement to the minimum standards in the city building and fire codes. 4. Maximum height of structures. The maximum height of structures of the underlying zone shall apply. Multifamily transition area requirements shall apply to any multifamily developments (as provided in KCC 15.08.215), except where specifically exempted by administrative design review (as provided in KCC 15.09.045). The hearing examiner may authorize additional height in CC, GC, DC, CM, M1, M2, and M3 zones where proposed development in the PUD is compatible with the scale and character of adjacent existing developments. 5. Open space. a. The standard set forth in this subsection shall apply to PUD residential developments only. Each PUD shall provide a minimum of thirty-five (35) percent of the total site area for common open space. In mixed use PUDs containing residential uses, thirty-five (35) percent of the area used for residential use shall be reserved as open space. b. For the purpose of this section, open space shall be defined as land which is not used for buildings, dedicated public rights- of-way, traffic circulation and roads, parking areas, or any kind of storage. Open space includes, but is not limited to, privately owned woodlands, open fields, streams, wetlands, severe hazard areas, landscaped areas, trails through parks and sensitive areas (not including required sidewalks), 80 52 Amend KCC Sections - Re: Multifamily and Mixed Use Design gardens, courtyards, or lawns. Common open space may provide for either active or passive recreation. c. Open space within a PUD shall be available for common use by the residents, tenants, or the general public, depending on the type of project. 6. Streets. If streets within the development are required to be dedicated to the city for public use, such streets shall be designed in accordance with the standards outlined in the city subdivision code and other appropriate city standards. If streets within the development are to remain in private ownership and remain as private streets, the following standards shall apply: a. Minimum private street pavement widths for parallel parking in residential planned unit developments. Minimum private street pavement widths with and without parallel parking in residential planned unit developments are as follows: No Parking (feet) Parking One Side (feet) Parking Both Sides (feet) One-way streets 20 29 38 Two-way streets 22 31 40 The minimum widths set out in this subsection may be modified upon review and approval by the city fire chief and the city traffic engineer, providing they are sufficient to maintain emergency access and traffic safety. A maintenance agreement for private streets within a PUD shall be required by the hearing examiner as a condition of PUD approval. b. Vehicle parking areas. Adequate vehicular parking areas shall be provided. Vehicular parking areas may be provided 81 53 Amend KCC Sections - Re: Multifamily and Mixed Use Design by on-street parking or off-street parking lots. The design of such parking areas shall be in accordance with the standards outlined in Ch. 15.05 KCC. In single-family PUDs, parking shall be provided at a ratio of 1.8 parking stalls per dwelling unit; garages are excluded from the parking circulation. The planning manager may recommend for hearing examiner approval additional parking based upon site design and project land uses; the recommendation may include a requirement for on-street parking. c. One-way streets. One-way loop streets shall be no more than two thousand (2,000) feet long. d. On-street parking. On-street parking shall be permitted. Privately owned and maintained “no parking” and “fire lane” signs may be required as determined by the city traffic engineer and city fire department chief. 7. Pedestrian walkways. Pedestrian walkways shall be provided to connect residences to public walkways and streets and shall be constructed of material deemed to be an all-weather surface by the public works director and planning manager. 8. Landscaping. a. Minimum perimeter landscaping of the underlying zone shall apply. Additional landscaping shall be required as provided in Ch. 15.07 KCC and KCC 15.08.215. b. All PUD developments shall ensure that parking areas are integrated with the landscaping system and provide screening of vehicles from view from public streets. Parking areas shall be conveniently 82 54 Amend KCC Sections - Re: Multifamily and Mixed Use Design located to buildings and streets while providing for landscaping adjacent to buildings and pedestrian access. c. Solid waste collection areas and waste reduction or recycling collection areas shall be conveniently and safely located for onsite use and collection, and attractively site screened. 9. Signs. The sign regulations of Ch. 15.06 KCC shall apply. 10. Platting. If portions of the PUD are to be subdivided for sale or lease, the procedures of the city subdivision code, as amended, shall apply. Specific development standards such as lot size, street design, etc., shall be provided as outlined in subsection (E) of this section. 11. Green River Corridor. Any development located within the Green River Corridor district shall adhere to the Green River Corridor district regulations. 12. View regulations. View regulations as specified in KCC 15.08.060 shall apply to all PUDs. 13. Shoreline master program. Any development located within two hundred (200) feet of the Green River shall adhere to the city shoreline master program regulations. 14. Design review. PUDs shall be subject to administrative design review in KCC 15.09.045. PUDs of only single-family detached residences shall be evaluated using the review criteria of KCC 15.09.045(C), multifamily residential design review. Independent senior living facilities, assisted living facilities, residential facilities with healthcare 83 55 Amend KCC Sections - Re: Multifamily and Mixed Use Design or transitional housing of three or more families located outside of Downtown and Meeker Street from 64th Avenue South to Kent-Des Moines Road are subject to design review as provided for in KCC 15.09.045(D), or as provided for in KCC 15.09.046 if located within Downtown or along Meeker Street from 64th Avenue South to Kent-Des Moines Road. D. Density bonus standards. The density of residential development for PUDs will be based on the gross density of the underlying zoning district with density bonuses allowed as described below. PUDs under twenty (20) acres in size located in SR zones shall not be allowed density bonuses except as provided by subsection (D)(8) of this section. For all other PUDs, the hearing examiner may recommend a dwelling unit density not more than twenty (20) percent greater than that permitted by the underlying zone upon findings and conclusions that the amenities or design features which promote the purposes of this subsection, as follows, are provided: 1. Open space. A four (4) percent density bonus may be authorized if at least ten (10) percent of the open space is in concentrated areas for passive use. Open space shall include significant natural features of the site, including but not limited to fields, woodlands, watercourses, and permanent and seasonal wetlands. Excluded from the open space definition are the areas within the building footprints, land used for parking, vehicular circulation or rights-of-way, and areas used for any kind of storage. 2. Active recreation areas. A four (4) percent density bonus may be authorized if at least ten (10) percent of the site is utilized for active recreational purposes, including but not limited to jogging or walking trails, pools, children’s play areas, etc. Only that percentage of 84 56 Amend KCC Sections - Re: Multifamily and Mixed Use Design space contained within accessory structures that is directly used for active recreation purposes can be included in the ten (10) percent active recreation requirement. 3. Stormwater drainage. A two (2) percent density bonus may be authorized if stormwater drainage control is accomplished using natural onsite drainage features. Natural drainage features may include streams, creeks, ponds, etc. 4. Native vegetation. A four (4) percent density bonus may be authorized if at least fifteen (15) percent of the native vegetation on the site is left undisturbed in large open areas. 5. Parking lot size. A two (2) percent density bonus may be authorized if off-street parking is grouped in areas of sixteen (16) stalls or less. Parking areas must be separated from other parking areas or buildings by significant landscaping in excess of type V standards as provided in KCC 15.07.050. At least fifty (50) percent of these parking areas must be designed as outlined in this subsection to receive the density bonus. 6. Mixed housing types. A two (2) percent density bonus may be authorized if a development features a mix of residential housing types. Single-family residences, attached single units, condominiums, apartments, and townhomes are examples of housing types. The mix need not include some of every type. 7. Project planning and management. A two (2) percent density bonus may be granted if a design/development team is used. Such a team would include a mixture of architects, engineers, landscape architects, and designers. A design/ development team is likely to produce 85 57 Amend KCC Sections - Re: Multifamily and Mixed Use Design a professional development concept that would be consistent with the purpose of the zoning regulations. 8. Increased wetland buffer widths. A ten (10) percent density bonus may be granted for a wetland buffer that is increased by twenty-five (25) feet. A twenty (20) percent density bonus may be granted for a wetland buffer that is increased by fifty (50) feet. All other requirements of the PUD standards shall apply. These standards are thresholds, and partial credit is not given for partial attainment. The site plan must at least meet the threshold level of each bonus standard in order for density bonuses to be given for that standard. In no case shall any of the density bonus provisions be combined to create a total bonus greater than twenty (20) percent. E. Master plan approvals. The master plan process is intended to allow approval of a generalized, conceptual development plan on a site which would then be constructed in phases over a longer period of time than a typical planned unit development. The master plan approval process is typically appropriate for development which might occur on a site over a period of several years, and in phases which are not entirely predictable. 1. Submittal requirements. The distinguishing characteristic between a master plan development application and a planned unit development application is that a master plan development proposal is conceptual in nature. However, the master plan application shall provide sufficient detail of the scope of the development, the uses, the amount of land to be developed and preserved, and how services will be provided. The specific submittal requirements are noted below: 86 58 Amend KCC Sections - Re: Multifamily and Mixed Use Design a. A written description of the scope of the project, including total anticipated build-out (number of units of residential, gross floor area for commercial), and the types of uses proposed; b. A clear vicinity map, showing adjacent roads; c. A fully dimensional site plan, which would show the areas upon which development would occur, the proposed number of units or buildings in each phase of the development, the areas would be preserved for open space or protection of environmentally sensitive features, and a generalized circulation plan, which would include proposed pedestrian and bicycle circulation; d. A generalized drainage and stormwater runoff plan; e. A site map showing contours at not greater than five (5) foot intervals and showing any wetlands, streams, or other natural features; f. A description of the proposed phasing plan; g. Documentation of coordination with the Kent school district; h. Certificates of water and sewer availability; i. Generalized building elevations showing the types of uses being proposed. 87 59 Amend KCC Sections - Re: Multifamily and Mixed Use Design 2. Density. The gross density of a residential master plan project shall be the same as the density allowable in the underlying zoning district. 3. Open space. The criteria in subsection (C)(5) of this section shall apply. 4. Application process. The application process for a master plan application shall be as outlined in subsection (F) of this section. 5. Review criteria. The review criteria for a master plan application shall be the same as those outlined in subsection (G) of this section. 6. Administrative approval of individual phases. Once a master site plan PUD has been approved pursuant to subsection (F) of this section, any individual phase of the development shall be reviewed and approved administratively, as outlined in Ch. 15.09 KCC; provided, that for each phase of development that includes a residential condominium, the applicant shall submit a copy of the condominium declaration recorded against the property, and as outlined in RCW 64.34.200. 7. Time limits. The master plan approved by the hearing examiner or city council, as provided in subsection (F) of this section, shall be valid for a period of up to seven (7) years. At the end of this seven (7) year period, development permits must be issued for all phases of the master plan development. An extension of time may be requested by the applicant. A single extension may be granted by the planning manager for a period of not more than two (2) more additional years. 88 60 Amend KCC Sections - Re: Multifamily and Mixed Use Design 8. Modifications. Once approved, requests for modifications to the master plan project shall be made in writing to the planning manager. The planning manager shall make a determination as to whether the requested modification is major or minor as outlined in subsection (I) of this section. F. Application process. The application process includes the following steps: informal review process, compliance with the State Environmental Policy Act, community information meeting, development plan review, and public hearing before the hearing examiner. 1. Informal review process. An applicant shall meet informally with the planning department at the earliest possible date to discuss the proposed PUD. The purpose of this meeting is to develop a project that will meet the needs of the applicant and the objectives of the city as defined in this title. 2. SEPA compliance. Compliance with the State Environmental Policy Act and regulations and city SEPA requirements shall be completed prior to development plan review. 3. Development plan review. After informal review and completion of the SEPA process, a proposal shall next be reviewed by city staff through the development plan review process. Comments received by the project developer under the development review process shall be used to formalize the proposed development prior to the development being presented at a public hearing before the hearing examiner. 4. Community information meeting. 89 61 Amend KCC Sections - Re: Multifamily and Mixed Use Design a. A community information meeting shall be required for any proposed PUD located in a residential zone or within two hundred (200) feet of a residential zone. At this meeting, the applicant shall present the development proposed to interested residents. Issues raised at the meeting may be used to refine the PUD plan. Notice shall be given in at least one (1) publication in the local newspaper at least ten (10) days prior to the public hearing. Written notice shall be mailed first class to all property owners within a radius of not less than two hundred (200) feet of the exterior boundaries of the property subject to the application. Any alleged failure of any property owner to actually receive the notice of hearing shall not invalidate the proceedings. b. Nonresidential PUDs not located within two hundred (200) feet of a residential zone shall not require a community information meeting. 5. Public notice and hearing examiner public hearing. The hearing examiner shall hold at least one (1) public hearing on the proposed PUD and shall give notice thereof in at least one (1) publication in the local newspaper at least ten (10) days prior to the public hearing. Written notice shall be mailed first class to all property owners within a radius of not less than two hundred (200) feet of the exterior boundaries of the property subject to the application. Any alleged failure of any property owner to actually receive the notice of hearing shall not invalidate the proceedings. 6. Consolidation of land use permit processes. The PUD approval process may be used to consolidate other land use permit processes, which are required by other sections of this title. The public hearing required for the PUD may serve as the public hearing for the conditional use permit, subdivision, shoreline substantial development, and 90 62 Amend KCC Sections - Re: Multifamily and Mixed Use Design rezoning if such land use permits are a part of the overall PUD application. When another land use permit is involved which requires city council approval, the PUD shall not be deemed to be approved until the city council has approved the related land use permit. If a public hearing is required for any of the categories of actions listed in this subsection, the hearing examiner shall employ the public hearing notice requirements for all actions considered which ensure the maximum notice to the public. 7. Hearing examiner decision. The hearing examiner shall issue a written decision within ten (10) working days from the date of the hearing. Parties of record will be notified in writing of the decision. For PUDs which propose a use permitted in the underlying zoning district, the hearing examiner’s decision is final. For PUDs which propose a use which is not typically permitted in the underlying zoning district as provided in subsection (B)(4) of this section, the hearing examiner shall forward a recommendation to the city council, which shall have the final authority to approve or deny the proposed PUD. For a proposed residential PUD that includes condominiums as outlined in subsection (B)(4) of this section, a condition of approval by the city council shall be that for each development phase the applicant shall submit a recorded copy of the covenants, conditions, and restrictions recorded against the property. Within thirty (30) days of receipt of the hearing examiner’s recommendation, the city council shall, at a regular meeting, consider the application. Any appeal from the final decision of the hearing examiner and city council shall be pursuant to the appeal provisions of Ch. 12.01 KCC. 8. Effective date. In approving a PUD, the hearing examiner shall specify that the approved PUD shall not take effect unless or until the developer files a completed development permit application within the time periods required by this title as set forth in subsection (G) of this section. No official map or zoning text designations shall be 91 63 Amend KCC Sections - Re: Multifamily and Mixed Use Design amended to reflect the approved PUD designation until such time as the PUD becomes effective. G. Review criteria for planned unit developments. Upon receipt of a complete application for a residential PUD, the planning department shall review the application and make its recommendation to the hearing examiner. The hearing examiner shall determine whether to grant, deny, or condition an application based upon the following review criteria: 1. Residential planned unit development criteria. a. The proposed PUD project shall have a beneficial effect upon the community and users of the development which would not normally be achieved by traditional lot-by-lot development and shall not be detrimental to existing or potential surrounding land uses as defined by the comprehensive plan. b. The proposed PUD project shall be compatible with the existing land use or property that abuts or is directly across the street from the subject property. The term compatibility includes but is not limited to apparent size, scale, mass, and architectural design. c. Unusual and sensitive environmental features of the site shall be preserved, maintained, and incorporated into the design to benefit the development and the community. d. The proposed PUD project shall provide areas of openness by using techniques such as clustering, separation of building groups, and use of well-designed open space and landscaping. Open space shall be integrated within the PUD rather than be an isolated element of the project. 92 64 Amend KCC Sections - Re: Multifamily and Mixed Use Design e. The proposed PUD project shall promote variety and innovation in site and building design, and shall include architectural and site features that promote community interaction, such as porches, de-emphasized garages, sidewalks/walkways and adjacent common areas. Buildings in groups shall be related by common materials and roof styles, but contrast shall be provided throughout the site by the use of varied materials, architectural detailing, building scale, and orientation. f. Building design shall be based on a unified design concept, particularly when construction will be in phases. 2. Nonresidential planned unit development criteria. a. The proposed project shall have a beneficial effect which would not normally be achieved by traditional lot-by-lot development and not be detrimental to present or potential surrounding land uses as defined by the comprehensive plan. b. Unusual and sensitive environmental features of the site shall be preserved, maintained, and incorporated into the design to benefit the development and the community. c. The proposed project shall provide areas of openness by the clustering of buildings, and by the use of well-designed landscaping and open spaces. Landscaping shall promote a coordinated appearance and break up continuous expanses of building and pavement. d. The proposed project shall promote variety and innovation in site and building design. It shall encourage the incorporation of special design features such as visitor entrances, plazas, outdoor 93 65 Amend KCC Sections - Re: Multifamily and Mixed Use Design employee lunch and recreation areas, architectural focal points, and accent lighting. e. Building design shall be based on a unified design concept, particularly when construction will be in phases. H. Time limits. 1. Application for development permit. The applicant shall apply for a development permit no later than one (1) year following final approval of the PUD. The application for development permit shall contain all conditions of the PUD approval. 2. Extensions. An extension of time for development permit application may be requested in writing by the applicant. Such an extension may be granted by the planning manager for a period not to exceed one (1) year. If a development permit is not issued within two (2) years, the PUD approval shall become null and void and the PUD shall not take effect. I. Modifications of plan. Requests for modifications of final approved plans shall be made in writing and shall be submitted to the planning services office in the manner and form prescribed by the planning manager. In commercial, office, industrial, and manufacturing zoning districts, where a master plan is consistent with a planned action ordinance and a development agreement, the determination of whether a proposed modification is minor or major shall be made at the sole discretion of the planning manager; provided, however, that the planning manager’s determination must be consistent with criteria established in either the planned action ordinance or the development agreement. If the planned action ordinance or the development agreement does not establish such 94 66 Amend KCC Sections - Re: Multifamily and Mixed Use Design criteria, the planning manager’s determination shall be consistent with the criteria stated in subsections (I)(1) and (I)(2) of this section. The criteria for determining minor and major modifications in all other cases shall be as stated in subsections (I)(1) and (I)(2) of this section. The criteria for approval of a request for a major modification shall be those criteria covering original approval of the permit which is the subject of the proposed modification. 1. Minor modifications. Modifications are deemed minor if all the following criteria are satisfied: a. No new land use is proposed; b. No increase in density, number of dwelling units, or lots is proposed; c. No change in the general location or number of access points is proposed; d. No reduction in the amount of open space is proposed; e. No reduction in the amount of parking is proposed; f. No increase in the total square footage of structures to be developed is proposed; and g. No increase in general height of structures is proposed. 95 67 Amend KCC Sections - Re: Multifamily and Mixed Use Design Examples of minor modifications include but are not limited to lot line adjustments, minor relocations of buildings or landscaped areas, minor changes in phasing and timing, and minor changes in elevations of buildings. 2. Major modifications. Major adjustments are those which, as determined by the planning manager, substantially change the basic design, density, open space, or other similar requirements or provisions. Major adjustments to the development plans shall be reviewed by the hearing examiner. The hearing examiner may review such adjustments at a regular public hearing. If a public hearing is held, the process outlined in subsection (F) of this section shall apply. The hearing examiner shall issue a written decision to approve, deny, or modify the request. Such a decision shall be final. Any appeals of this decision shall be in accordance with KCC 12.01.040. SECTION 14. - Amendment. Section 15.09.045 of the Kent City Code, entitled “Administrative design review,” is hereby amended as follows: Sec. 15.09.045 Administrative design review. A. Purpose and scope. Administrative design review is an administrative process, the purpose of which is to implement and give effect to the comprehensive plan, its policies or parts thereof through the adoption of design criteria for development relative to site layout, landscape architecture, and exterior structure design. It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning design, and encourage a diversity of imaginative solutions to development through the planning services division review and application of certain criteria. These criteria have been formulated to improve the design, siting, and construction of 96 68 Amend KCC Sections - Re: Multifamily and Mixed Use Design development projects so as to be compatible, both visually and otherwise, with the topographic, open space, urban, or suburban characteristics of the land or adjacent properties, while still maintaining allowable densities to be applied in a manner consistent with established land use policies, the comprehensive plan, this title, and community development goals of the city. The adoption of design criteria is an element of the city’s regulation of land use, which is statutorily authorized. Application of the multifamily design process to the design criteria adopted in this section is established as an administrative function delegated to the planning services division pursuant to RCW Title 35A; therefore, in implementing the administrative design review process, the planning director may adopt such rules and procedures as are necessary to provide for expeditious review of proposed projects. Further rules may be promulgated for additional administrative review. B. Application and review process. Administrative design review process is classified as a Process II application and shall be subject to the applicable requirements of Chapter 12.01 KCC. The applicant must make application for the design review process on forms provided by the planning services division. Upon receipt of an application for design review, the planning director shall circulate the application to the public works director, building official, and the city administrator for review. Prior to making a final decision, the planning director shall review any comments submitted for consideration. In the administration of this process, the planning director may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the criteria set forth in subsections (C) and (D) of this section, as well as a detailed explanation of the design review process. 97 69 Amend KCC Sections - Re: Multifamily and Mixed Use Design C. Residential design review. In order to diminish the perception of bulk, and provide visual interest along residential home facades that face public areas, architectural design considerations shall be applied. Homes located within subdivisions and short subdivisions vested after March 22, 2007, or altered to comply with code amendments effective after March 22, 2007, shall be subject to residential design review. This design review shall be applied administratively as part of the building permit review process for each new home. 1. Orientation of homes. The entry facade of each dwelling unit shall be generally oriented toward the highest classification street from which access to the lot is allowed. 2. Attached units. A building that contains a grouping of attached units shall not exceed a two hundred (200) foot maximum length and shall be separated from other groups of attached units by a minimum fifteen (15) feet. 3. Architecture. Each dwelling unit facade that faces a public area shall, at a minimum, incorporate architectural elements as follows: a. Two (2) elements of facade modulation and/or roofline variation, ; b. The maximum horizontal facade length without one (1) element of either facade modulation or roofline variation shall be twenty (20) feet; and c. Three (3) architectural detail elements. 98 70 Amend KCC Sections - Re: Multifamily and Mixed Use Design 4. Garages. Dwelling units within subdivisions and short subdivisions shall provide diminished garage doors according to the percentage and locations approved with the subdivision and short subdivision. D. Multifamily design review. The planning services division shall use the Multifamily Design Guidelines as an adopted element of the city’s regulation of land use, which is statutorily authorized, following criteria in the evaluation and/or conditioning of applications under the multifamily design review process.: 1. Site design. a. The site plan for the development should be integrated with the surrounding neighborhood. b. The site plan should take into consideration significant environmental considerations and the lay of the land. c. The site plan should provide an open space network which will accommodate a wide variety of activities, both semipublic and private. d. The site plan should accommodate vehicular access and parking in a manner which is convenient, yet does not allow the automobile to dominate the site. e. The site plan should provide safe and convenient pedestrian circulation. 2. Landscape design. 99 71 Amend KCC Sections - Re: Multifamily and Mixed Use Design a. The landscape plan should integrate with and enhance the surrounding neighborhood landscape. b. The landscape plan should incorporate existing natural features of significance. c. The landscape plan should enhance the planned open space network. d. The landscape plan should enhance the parking and utility areas on the site. e. The landscape plan should enhance building forms and orientation. f. The landscape plan should indicate the use of plant species suited to the microclimate of the site and should provide for maintenance of these plants. 3. Building design. a. The buildings in the development should, where appropriate, maintain neighborhood scale and density. b. The buildings in the development should be oriented to provide for privacy of residents. c. The exterior design of all buildings in the development should provide for individual unit identity. 100 72 Amend KCC Sections - Re: Multifamily and Mixed Use Design E. [Reserved].Multifamily transition areas. Through the administrative design review process, specific multifamily transition area requirements may be waived or modified where the applicant demonstrates an alternative site plan which fulfills an equivalent function to the multifamily transition area requirements. Elements which may be evaluated under this process include general site layout, building placement and orientation, parking and maneuvering arrangements, landscaping, and other screening and buffering provisions. 1. Required findings. In order to modify or waive any multifamily transition area requirement, the planning director must find that all of the following criteria have been met: a. The proposal will accomplish the same or better protection of an abutting single-family district from impacts of noise, traffic, light, and other environmental intrusions caused by the multifamily development. b. The proposal will accomplish the same or better transition between the multifamily development and abutting streets, including adequate buffering of the multifamily development from the street, and vice versa. c. The proposal is compatible with surrounding uses. Compatibility includes but is not limited to site layout, size, scale, mass, and provisions for screening and buffering. The planning director shall issue a report of his findings, conclusions, and determination for each proposal under this section. F. Mixed use design review. The planning services division shall use the following criteria in the evaluation and/or conditioning of 101 73 Amend KCC Sections - Re: Multifamily and Mixed Use Design applications under the mixed use design review process when a project includes residential use: 1. The following criteria should apply to all mixed use with a residential component development: a. Some common recreation space roofs, terraces, indoor rooms, courtyards. b. Lighting features that are shielded, directing light downwards. c. The residential portion of the building should incorporate residential details, such as window trim, trellises, balconies, and bay windows. d. The residential component should have an obvious, generous entrance, within features suggesting a “front door” for example, a lobby, trellis, gate, archway, or courtyard. 2. The following criteria shall apply to mixed use development: a. If the residential component is located away from the main street, a landscaped pedestrian path should be provided between the entrance and public sidewalk. b. Although the commercial and residential components may have different architectural expressions, they should exhibit a number of elements that produce the effect of an integrated development. 102 74 Amend KCC Sections - Re: Multifamily and Mixed Use Design c. Surface parking should be generously landscaped to serve as an amenity. Lighting fixtures should not exceed the height of the first floor. 3. The following criteria shall apply to mixed use buildings with a residential component: a. Parking lots, if used, should be divided into small increments, separated by landscaping and structures, so that parking does not dominate the site. b. Articulated by use of different materials, generous windows with low sill heights, “store” doors, canopies, and planters. c. Residential floors should be expressed in an obvious manner, with stepbacks, change in materials or color, and overhangs. d. Commercial signs should be contained within the first floor commercial base and not extend up into the residential floor facades. G. Transit-oriented community design review. The planning services division shall use the following criteria in the evaluation or conditioning of applications under the transit-oriented community design review process: 1. The Midway Design Guidelines as an adopted element of the city’s regulation of land use, which is statutorily authorized, shall 103 75 Amend KCC Sections - Re: Multifamily and Mixed Use Design apply to all development with a land use plan map designation of transit- oriented community. 2. Residential use design review. In addition to the Midway Design Guidelines, the following design requirements apply to residential uses and development: a. Openings from the build-to line. When a residential unit has direct access to the public domain, a ten (10) foot front yard shall be provided. When residential units have access through a main location, such as an atrium, courtyard, or other main entryway, said access shall be at the build-to line. b. Open space. Residential development shall provide not less than twenty (20) percent of the gross land area for common open space, which shall be: i. Designed to provide either passive or active recreation; ii. If under one (1) ownership, owner shall be responsible for maintenance; iii. If held in common ownership by all owners of the development by means of a homeowners’ association, said association shall be responsible for maintenance. If such open space is not maintained in a reasonable manner, the city shall have the right to provide for the maintenance thereof and bill the homeowners’ association accordingly. If unpaid, such bills shall be a lien against the homeowners’ association; or 104 76 Amend KCC Sections - Re: Multifamily and Mixed Use Design iv. Dedicated for public use if accepted by the city legislative authority or other appropriate public agency. c. Storage of recreational vehicles. The storage or parking of recreational vehicles shall be prohibited. H. Appeals. The decision of the planning director to condition or reject any application under the administrative design review process is final unless an appeal is made by the applicant or any party of record to the hearing examiner within fourteen (14) calendar days of either the issuance of the director’s conditional approval under this section of any application, or the director’s written decision rejecting any application under this section. The appeal shall be conducted by the hearing examiner as an open record appeal hearing in accordance with the requirements of Chapters 2.32 and 12.01 KCC. The decision of the hearing examiner shall be final unless an appeal is made to the superior court within twenty-one (21) calendar days after the hearing examiner’s notice of decision. SECTION 15. - Amendment. Section 15.09.046 of the Kent City Code, entitled “Downtown design review,” is hereby amended as follows: Sec. 15.09.046 Downtown design review. A. Purpose and scope. 1. Downtown design review is an administrative process, the purpose of which is to implement and give effect to the downtown subarea action plan and its policies or parts thereof. The downtown design guidelines, as set forth in subsection (D) of this section, apply to all development located within the downtown area, as shown on the map following this section. 105 77 Amend KCC Sections - Re: Multifamily and Mixed Use Design It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning development in the downtown area and encourage a diversity of imaginative solutions to development through the review and application of the downtown design guidelines. These guidelines have been formulated to ensure that the design, siting, and construction of development will provide a quality pedestrian-oriented urban environment in a manner consistent with established land use policies, the comprehensive plan, and the zoning code of the city. 2. The adoption of the downtown design guidelines is an element of the city’s regulation of land use, which is statutorily authorized. The downtown design review process adopted herein is established as an administrative function delegated to the city’s economic and community development department pursuant to RCW Title 35A. Therefore, in implementing the downtown design review process, the economic and community development director may adopt such rules and procedures as are necessary to provide for review of proposed projects. 3. All development within the downtown area, or within the GC, GC-MU, CC-MU, or MR-M zoning districts along the Meeker Street Corridor between 64th Avenue South and Kent-Des Moines Road, which roadway section is hereby classified a Class B pedestrian street, shall be subject to the provisions of this section. 4. The downtown design review process is distinct from the multifamily design review process set forth in KCC 15.09.045(D). Applications for multifamily development within the DC, DCE, DCE-T, GC- MU, CC-MU, MR-M, and MRT-16 zoning districts that are also within the downtown area or along the Meeker Street Corridor between 64th Avenue 106 78 Amend KCC Sections - Re: Multifamily and Mixed Use Design South and Kent-Des Moines Road shall be subject to this section in addition to the provisions of KCC 15.09.045, except as provided in KCC 15.09.045(E). In cases where a conflict arises between the requirements of the two sections, the provisions of this section shall prevail. B. Application and review process. The downtown design review process is administrative and is conducted as part of the permit review process. The applicant must make application for the design review process on forms provided by the economic and community development department. Upon receipt of an application for design review, the economic and community development director shall circulate the application to the appropriate city departments and offices for review. Prior to issuing a final decision, the director shall review any comments submitted for consideration. In the administration of this process, the department may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the criteria set forth in the downtown design guidelines. C. Design review committee. There is hereby established the downtown design review committee, which shall make all final decisions on applications for downtown design review as described in the Kent downtown design guidelines. The committee shall be comprised of three members, who shall be appointed by the economic and community development director under the authority delegated pursuant to RCW Title 35A. The members shall serve at the pleasure of the director. The director shall, by administrative rule, establish the rules of procedure for the committee, which shall be made available to the public upon publication. D. Downtown design guidelines – Adoption. The downtown design review committee shall use the downtown design guidelines in the evaluation and/or conditioning of applications under the downtown design 107 79 Amend KCC Sections - Re: Multifamily and Mixed Use Design review process. The downtown design guidelines, entitled “Kent Downtown Design Guidelines,” are hereby adopted by this reference as authorized pursuant to RCW 35A.12.140 and shall be placed on file in the offices of the city clerk and the economic and community development department. E. Appeals. The decision of the downtown administrative design review committee to approve, approve with conditions, or reject any application under the downtown design review process is final unless an appeal is made to the hearing examiner within 14 calendar days of either the issuance of the committee’s approval or rejection of any application under this section. Appeals to the hearing examiner shall be conducted as set forth in Chapter 2.32 KCC. The decision of the hearing examiner shall be final, unless an appeal is made to the King County superior court, within 21 calendar days of the date of the issuance of the decision, pursuant to Chapter 36.70C RCW. 108 80 Amend KCC Sections - Re: Multifamily and Mixed Use Design SECTION 16. - Amendment. Section 15.15.920 of the Kent City Code, entitled “Relation to adjacent development,” is hereby amended as follows: Sec. 15.15.920 Relation to adjacent development. Proposed developments shall coordinate with current site planning and development efforts on adjoining parcels to take advantage of opportunities to mutually improve development design. A. Adjacent developments shall link open spaces and landscaping whenever possible. 109 81 Amend KCC Sections - Re: Multifamily and Mixed Use Design B. Proposed developments shall provide publicly accessible pedestrian connections to adjacent residential neighborhoods wherever possible, via a through-block walkway or links to sidewalks; or provide stairs or ramps where necessary when topographic barriers, such as steep slopes, inhibit direct access to surrounding development or destination points, such as transit stops. C. Where multifamily residential development is located adjacent to retail, commercial, employment, or institutional uses, side or rear yard landscape buffers shall be intersected by approved pedestrian circulation routes in order to facilitate convenient walking connections to adjacent uses or services. D. Buildings or structures that terminate view corridors shall include architectural features that increase the visibility and landmark status of the subject building facade, such as a clearly defined building modulation (with a minimum width of eight feet and a minimum depth of three feet), pedestrian entry feature or roofline that accentuates the building as a focal point. SECTION 17. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 18. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. 110 82 Amend KCC Sections - Re: Multifamily and Mixed Use Design SECTION 19. – Effective Date. This ordinance shall take effect and be in force 30 days after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: SUE HANSON, INTERIM CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) SUE HANSON, INTERIM CITY CLERK P:\Civil\Ordinance\MFDG AMENDMENT_9.19.16.docx 111 1 Multifamily Design Guidelines Table of Contents: General Objectives: ................................................................................................................... 2 Applicability, Exemptions and Departures .................................................................................. 3 SITE DESIGN I. Project Frontage ....................................................................................................... 6 II. Vehicles and Parking ................................................................................................ 9 III. Pedestrian Circulation ..............................................................................................11 IV. Setbacks and Privacy ..............................................................................................12 V. Open Space.............................................................................................................13 VI. Lighting ....................................................................................................................16 VII. Safety and Security ..................................................................................................17 VIII. Dumpsters, Utilities and Service Areas ....................................................................19 BUILDING DESIGN IX. Architectural Design .................................................................................................23 X. Architectural Details .................................................................................................27 XI. Blank Walls ..............................................................................................................28 XII. Materials ..................................................................................................................29 112 2 General Objectives: Meet the Comprehensive Plan Land Use Element Goal of revising development regulations to encourage multifamily development that is more flexible and innovative in terms of building design, street standards for private roads, and site design. Contribute to attractiveness and usefulness of the public realm. Increase the overall durability, construction quality and attractiveness of multifamily and development, as viewed by the public. Increase Kent’s standard in the region as a desirable place to live. Increase pedestrian interest and activity, by facilitating pedestrian access to gathering places, services and other amenities. 113 3 Applicability, Exemptions and Departures Applicability: The Guidelines apply to: • All new multifamily structures and development. • Additions to existing buildings that increase gross floor area by 1,000 square feet or more require conformance for the new portion of the structure and the area of the site that must be modified as a result of the expansion (this could include walkways, driveways, parking, signage); and • Significant exterior modifications such as façade changes, windows, awnings, signage, etc. How to use: Most sections include the following elements: • Intent statements, which are overarching objectives, • Standards use words such as “shall,” “must,” and “is/are required,” signifying required actions, • The use of the word “should” means that the provision is required unless there is a compelling reason to the contrary, • The use of words such as “is/are recommended,” signifying voluntary measures, and • Exceptions, which allow for flexibility to accommodate site-specific issues while still requiring the design to meet the intent of the design guidelines. Exemptions: The following projects are exempted from the provisions of these guidelines: • Projects within subareas that have their own guidelines (e.g., Downtown, Midway) • Construction underground, which will not leave any permanent structure that extends above the surface after completion; • Utilities in the public right-of -way; • Repair and maintenance work on buildings, landscaping (including relatively minor replacement of plants and trees), or grounds (including parking lots), which does not significantly alter the appearance or function of the building, landscaping, or grounds (e.g., window replacement of less than 50% of the windows facing a public right of way); • Interior remodeling work; • Temporary uses and structures as defined in Kent City Code 15.02.534; and Relation to other Kent City Code (KCC) sections: These guidelines augment other provisions in the KCC. The guidelines do not automatically supersede other KCC provisions. In the case of apparent conflict between these guidelines and other KCC provisions, the Administrator shall determine the applicability of these guidelines 114 4 based on the objectives of public health, safety, welfare, direction from the Comprehensive Plan and the intent of the guidelines Departures: The Administrator may approve, with respect to the guidelines, an application that varies (or “departs”) from the strict language of the guidelines provided that they find that the proposal meets the guidelines’ intent statements. If the Administrator approves a variation from the design requirements, such approval shall be based on the following findings: • The application of certain provisions of the design guidelines would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the underlying zone and of the design standards. • Permitting a minor variation will not be materially detrimental to the public welfare or injurious to the property or improvements in the area. • Permitting a minor variation will not be contrary to the objectives of the design guidelines. • Such a variation is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property that prevent strict adherence to certain design standards. • The minor variation protects the integrity of a historic landmark or historic district. Notes: • For projects on corner lots: the Administrator shall determine which street is considered “primary” and all guidelines referring to streets are only applicable to the primary street. • The term “decorative” does not necessarily mean ornate. The term is used to indicate a high level of architectural detail or craftsmanship (such as moldings, reveals, exceptional use of materials, artistic treatments, etc.). • The term “Administrator” refers to the Current Planning Manager. • The term “public area” refers to public or private roadways, pedestrian paths, parks, open spaces, or other common spaces as defined in KCC 15.02.335.1. 115 5 SITE DESIGN 116 6 I. Project Frontage Intent: • Provide for an attractive and active relationship between the building and the street. • Provide privacy and security to residents facing the street. • Encourage social interaction between residents and pedestrians. • Provide a comfortable and welcoming entry, visible from the sidewalk, and an attractive streetscape. • Provide an inviting ground floor façade. For all projects: 1. Provide individual unit entries at ground level (accessible from outside). Ground level unit entries can open onto the street or a courtyard or open space that opens to the street. The Administrator may allow other entry configurations (such as consolidated entries), provided the design meets the intent of this section. a. To provide resident privacy and a transition between the public and private realm, set the building back at least 10 feet from the public right-of-way or raise the ground floor living space at least three feet above the sidewalk or pathway grade (preferably both, as in Figure 1 below). b. Entries must be accessible from the street or interior open space. Configurations where enclosed rear yards back up to a street are prohibited. c. Individual pedestrian entries must be emphasized by using all of the following: i. Provide a porch, at least 24 square feet, or other architectural weather protection that provides cover for a person entering the unit and a transitional space between outside and inside the dwelling. ii. Provide a planted area in front of each pedestrian entry of at least 20 square feet in area, with no dimension less than three feet. Provide a combination of shrubs, groundcover or trees. iii. Set the garage door (if applicable) at least five feet farther from the street than the primary street-facing façade. Figure 1. A combination of low fences or landscaping and porches, stoops, or patios define the transition from public to private space. 117 7 d. For projects with individual garages, vehicle access to ground floor units shall be from an alley if one exists. For any configuration where primary pedestrian access is off the same façade as vehicular access, developments shall incorporate single-width parking configurations for at least 50 percent of the units (to minimize the impact of garage doors on the pedestrian environment). A pedestrian entry shall be provided that is separate from the garage door. Figure 2. Good and bad examples of garage/entry configurations. The left example features a landscaped area and stoop to enhance the entry. The townhouses in the middle photo tuck the garages under the living units to reduce their visibility (note that this is a private roadway). In the right image, the lack of landscaping is a glaring omission, and is not acceptable. 2. Surface parking shall not be located between the building and the street. (If multiple buildings, this only applies to the building(s) abutting the street.) 3. Structured parking shall not constitute the entire frontage of any street-adjacent building. Structured parking must be screened as per Vehicles and Parking (section II, page 9). a. For corner properties with structured parking, provide a minimum of 15 feet from the corner along the primary street frontage in an active use. For non-corner properties, provide a minimum of 15 feet anywhere along the street frontage in an active use. i. Active uses can include lobbies, entrances, gyms or fitness centers, meeting rooms and other similar spaces. Active use spaces may not contain mail rooms, storage, or any unsightly use (as determined by the Administrator). ii. Active uses must be visible through transparent window areas over the entire 15’ of the ground floor façade between two feet and eight feet above grade. The windows must look into the building’s interior. 4. If property is within ¼ mile of a bus stop or public park, provide convenient pathways or entries to facilitate access to these amenities for residents. 5. Integrate weather protection, gutters and downspouts into the design of the structure as a whole. 6. Limit the length of at-grade building façade and walls without openings (windows or doors) to 15 feet. 7. Fencing or walls above four feet high are not allowed in the front yard or between the principal façade/entry and the sidewalk or public street. The Administrator may allow walls above four feet in height to accommodate steep topography. Chain link fences are 118 8 not allowed in the front yard or between the primary building and a public right-of-way (excluding alleys). 8. For projects approved by the Administrator for consolidated entries, enhance the building’s presence and optimize interaction with the public sidewalk and rights-of-way through use of at least two of the following: a. Pergolas or arbors b. See-though gates or fences (excluding chain link) c. Outdoor terraces or gardens that are designed to promote use (i.e., with benches or other pedestrian furniture or features) d. High quality entry path materials such as special paving, tile, etc. e. Balconies facing street 119 9 II. Vehicles and Parking Intent: • Diminish and soften the visual impact of pavement and parked cars from the street and adjacent properties. • Increase pedestrian safety and vehicular circulation in parking areas. Surface Parking All projects with surface parking must adhere to the following in the design of parking lots and on-site vehicular circulation: 1. Surface parking shall be located to the rear of street-adjacent buildings. Alternatively, surface parking may be provided to the side of street-adjacent buildings, but not on a corner. A maximum of 60 linear feet of surface parking is permitted adjacent to the street. 2. Provide designated pedestrian pathways from public sidewalks and through surface parking areas to site destinations such as building entries and rear parking areas. Generally, walkways must be provided at least every four rows of parking or at least every 130 feet, whichever is less. Align the pathways to connect with major building entries or other sidewalks, pathways, and destinations. 3. Minimize the width and extent of driveways in the front yards and visible from the street. The Administrator may determine the location and size of the driveway entrance (curb cut) to maximize safety and minimize impacts to pedestrian and bicycle movement. 4. Vehicular ingress and egress shall be from an alley, where one exists. The second choice of access (if no alleys exist) shall be from the street with less traffic, as determined by the Administrator. The third most desirable access choice is collector streets, and arterial streets are the fourth and least desirable choice for vehicular ingress and egress. 5. Where there are significant changes in elevation, utilize topography to reduce the visibility of parking from public areas and adjacent properties. Structured Parking All projects must adhere to the following in the design of structured parking: 1. Structured parking may not constitute the entire frontage of any street-adjacent building. See Project Frontage (section I, page 6) for frontage requirements related to structured parking. 2. Locate structured parking to minimize visual impact to residences and public streets. Ensure parking structures visible from public streets are architecturally compatible with the main structure, and provide building and finish elements that create visual interest to the streetscape, such as artwork or grillwork. 3. Where structured parking is adjacent to the sidewalk or within 10 feet of the sidewalk edge, the façade shall incorporate a combination of artwork, grillwork, special building material or other treatment/design that enhances the pedestrian environment. Small 120 10 setbacks with terraced landscaping elements can be particularly effective in softening the appearance of structured parking. 4. Parking facilities shall be well-lit for safety with non-glare lighting to reduce impacts to adjacent uses. See Lighting (section VI, page 15) for lighting level standards. 121 11 III. Pedestrian Circulation Intent: • Provide convenient, safe and attractive pedestrian routes. • Increase social interaction. For all projects: 1. Pedestrian walks shall be separated from residential structures by at least three feet for landscaping. The Administrator may consider other treatments to provide attractive pathways. Examples include mosaic, bas-relief artwork, or other decorative treatments that meet the intent of the guidelines. (Figure 3 provides examples.) 2. Where not visible to the public (i.e., on the interior of the site), all paths shall be a minimum of five feet in width. 3. Public pathways must be compliant with the Americans with Disabilities Act (ADA). Figure 3. Photo on left shows landscaping between walkways. Photo on right shows wall treatment to provide interest. 122 12 IV. Setbacks and Privacy Intent: • To provide privacy for residents, especially those immediately adjacent to the proposed development. For all projects: Design project to reduce intrusion and impacts to adjacent and nearby properties through meeting all of the following: 1. Offset window placement to avoid direct sightlines between living spaces. 2. Orient courtyards and balconies to maximize privacy. 3. Landscape all setbacks with a combination of landscape, hardscape or other amenities. For projects with lot lines abutting an existing single-family zone: Provide an appropriate transition or complement to adjacent single-family zones. Projects should create a step in perceived height, bulk or scale between the anticipated development potential of the adjacent single-family zone and the the proposed development. This can be done through any of the following: 1. Increasing the distance from the building to the edge of the single-family zone a. Set building back from interior or rear lot lines abutting single-family zones a minimum of 2 feet for every 10 feet in height. 2. Providing shading or increased landscape buffer at the edge of a single-family zone 3. Stepping back upper floors so building height/mass is less intense near single-family zone 4. Matching the scale of adjacent single-family zone developments in building detailing The Administrator may consider other strategies to provide attractive and effective transition between single-family zones and multifamily development. 123 13 V. Open Space Intent: • Add to the livability of new residences • Provide visual interest and relief • Provide opportunities for outdoor activities • Provide light and air in a new residential development • Provide opportunities for social interaction For all projects: 1. All projects must provide 150 square feet of on-site open space per dwelling unit. Acceptable types of open space include: a. Common Outdoor Open Space. Where accessible to all residents, common outdoor open space may count for up to 100 percent of the required open space. Common outdoor open space includes landscaped courtyards, shared decks, gardens with pathways, children’s play areas, pools, water features, accessible (unfenced) areas used for stormwater retention or other multipurpose recreational or green spaces to which all residents have access. Special requirements for common open spaces include the following:  Required setback areas shall not count toward the open space requirement unless they are part of an open space that meets the other requirements of common open space.  Space shall have a minimum dimension of 15 feet in any direction to provide functional leisure or recreational activity. This dimension can be waived based on site conditions such as topography or irregular lot geometry.  Space shall feature paths or walkable areas, landscaping, seating, lighting, play structures, sports courts or other pedestrian amenities to make the area more functional and enjoyable for a range of users, taking into consideration potential noise issues related to hard court sports such as basketball, tennis, and handball.  Common space shall be separated from ground level windows, streets, service areas and parking lots with landscaping, low-level decorative fencing (no chain link), or other treatments as approved by the Administrator that enhance safety and privacy for both the common open space and dwelling units.  The space shall be oriented to receive sunlight and preferably face south, if possible. Open space may also face east or west, but not north, unless the Administrator determines that site conditions such as topography or irregular lot geometry warrant waiving this requirement. 124 14  The space must be accessible from the dwelling units. Ideally, it should be centrally located, if practical. The space must be oriented to encourage activity from local residents. b. Balconies. Individual balconies or patios (not including covered porches or stoops) may be used for up to 25 percent of the required open space. To qualify as open space, balconies or patios must be at least 40 square feet, with no dimension less than five feet. c. Rooftop Decks and Terraces. Rooftop decks and terraces may be used to meet up to 50 percent of the required open space, provided the following conditions are met:  Space must be accessible to all dwelling units and ADA compliant.  Space must provide amenities such as seating areas, barbeques, fireplaces, recreational spaces, landscaping, etc.  Space must feature surfacing which enables residents to use the open space.  Space must incorporate features that provide for the safety of residents, such as appropriate lighting levels. See Safety and Security (section VII, page 16). d. On-site indoor recreation areas. Indoor recreation areas may be used to meet up to 25 percent of the required open space provided the following conditions are met:  Space must be ADA accessible to all dwelling units.  Space is designed for and includes equipment for recreational uses, preferably for a range of users. e. Sensitive or critical areas. Sensitive areas shall only count toward open space requirements if integrated into the site design to be visible and usable by residents with features such as trails and benches. Sensitive or critical areas meeting these requirements may count for up to 50 percent Figure 4. Good examples of common open space, including street level courtyards (left) and a network of open spaces with a children’s play area and a pedestrian corridor (right). 125 15 of the required open space, but only the space utilized by the built amenities or trails, including a 5’ radius around the amenities, shall be counted. 126 16 VI. Lighting Intent:  Provide for personal safety and security  Reduce the adverse impacts of lighting and retain dark skies For all projects: All publicly accessible areas and areas commonly used by residents shall be lighted with levels as follows: 1. Areas of low pedestrian activity such as service areas and vehicular traffic areas: minimum 0.2 foot-candles (fc), maximum four fc 2. Moderate or high volume pedestrian areas and building entries: minimum one fc, maximum five fc, preferred average two fc 3. Public parking lots: minimum one fc, maximum four fc Additionally, all projects must meet the following: 1. Lighting shall be provided at consistent levels, with an average lighting level to minimum lighting level uniformity ratio no less than 3:1, to create gradual transitions between varying levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas shall be avoided. 2. Pedestrian lighting shall have a maximum height of 15 feet. 3. Parking area lighting fixtures shall be fully shielded, dark sky rated and mounted no more than 20 feet above the ground, with lower fixtures preferable so as to maintain a human scale. 4. Steady, non-flashing lighting of building features, artwork and special landscape elements may be allowed, subject to the findings of the Administrator that the light causes no significant adverse impact. 5. Provide lighting that complements the building and site design and provides for safe pedestrian circulation and gathering places while minimizing light spillage off-site. 127 17 VII. Safety and Security Intent:  Increase personal safety and property-related security For all projects: In site planning and design, avoid the following: 1. Entrapment areas, where a person could become trapped with no exit route. Provide two means of egress from all outdoor spaces. Ensure entrapment conditions are avoided in the design of rooftop decks. 2. Areas that are dark or not visible from a public space or right-of-way. 3. Vegetation and fences that restrict visibility into occupiable open space, pathways and building entries. 4. Buildings, vegetation or other objects (e.g., a storage enclosure) that block visibility into a space or provide places to hide. 5. Screens or landscaping that block motorist’s views of pedestrians crossing streets, driveways and vehicular circulation areas. Where visibility is necessary to avoid creating an unsecure area to reduce the potential for pedestrian/vehicle collisions, do not plant vegetation that will obstruct views between three and eight feet above the ground. Figure 6. Keep landscaping open between 3 feet and 8 feet above grade where there is need for visibility. Figure 5. Fences that prevent visibility from public ROW and open space can decrease security because criminal activity cannot be seen from the street. 128 18 If at all feasible, provide for: 1. “Passive surveillance”—the ability of people occupying buildings and public spaces to view all parts of accessible spaces. 2. Appropriate natural access control features that delineate where the general public should not enter without an invitation. For example, a low fence or hedge can indicate that people should not enter an open space except through a gate. Access control should not limit visibility of passive surveillance. 3. Defining territory, through indicating clearly what parts of the site are open to the public and what parts are not. Additionally, design with maintenance in mind; well-maintained sites indicate that someone cares for the site and tend to discourage crime. Figure 7. Passive surveillance, or the ability of people in buildings or traveling along roadways to see outdoor spaces, increases security. Figure 8. This residential complex incorporates passive surveillance, territorial definition and good visibility and lighting to provide a more secure pathway and open space. 129 19 VIII. Dumpsters, Utilities and Service Areas Intent:  Minimize the visual, auditory and olfactory impacts of waste handling, storage areas, utilities and other similar facilities.  Allow for the efficient movement of utility functions and servicing of buildings. Location and design The visual, auditory, and olfactory impacts of waste handling, storage areas, utilities and similar activities and facilities shall be minimized. Reduce impacts of refuse containers and storage areas through all of the following measures: 1. Service areas (loading docks, trash dumpsters, compactors, recycling areas, electrical panels, and mechanical equipment areas) shall be located to avoid negative visual, auditory (noise), olfactory or physical impacts on the street environment and adjacent residentially zoned properties. The Administrator may require evidence that such elements will not significantly impact neighboring properties or public areas. (For example, the Administrator may require noise damping specifications for fans near residential zones.) Service areas shall be sited for alley access if available. 2. Service areas must not be visible from the sidewalk and adjacent properties. Where the Administrator finds that the only option for locating a service area is either visible from a public right-of-way or space or from an adjacent property, the area must be screened with either landscape or structural screening measures provided under “Screening” (below, this section). 3. Ground-mounted mechanical equipment must be located and screened to minimize visual and noise impacts to pedestrians on streets and adjoining properties 4. Roof-mounted mechanical equipment must be located and screened so the equipment is not visible from the ground level of adjacent streets or properties within 20 feet of the structure. Match the color of roof mounted equipment with the exposed color of the roof to minimize visual impacts when equipment is visible from higher elevations nearby. 5. Locate and screen utility meters, electrical conduit, and other service and utilities apparatus so they are not visible from adjoining properties and nearby streets. 6. Other provisions of this section notwithstanding, service areas used by residents shall be located to avoid entrapment areas and other conditions where personal security would Figure 9. Examples of how to screen roof-mounted mechanical equipment. 130 20 be compromised. The Administrator may require pedestrian-scaled lighting or other measures to enhance security. 7. Locate or shield noise producing mechanical equipment such as fans or heat pumps to meet state law provisions (WAC 173-60). 8. All service connections and on-site utilities including wires and pipes must be located underground. Meters may be attached to buildings. Project proponents are required to coordinate with the local electric utility provider to locate electrical service facilities in the least obtrusive way. Screening Where screening of service areas is called for (where impacts cannot be adequately addressed through location or other means described above), adhere to the following: 1. A structural enclosure shall be constructed of masonry, heavy-gauge metal, or decay- resistant composite wood and have a roof. The walls must be sufficient to provide full screening from the affected roadway or use. The enclosure may use overlapping walls to screen dumpsters and other materials (see Figure 11, below). Gates shall be made of heavy-gauge, sight-obscuring material, and the enclosure shall be designed to be architecturally consistent and compatible with the architectural concept for the site or building it serves. 2. Collection points shall be located and configured so that the enclosure gate swing does not obstruct pedestrian or vehicle traffic, or does not require that a hauling truck project into any public right-of-way. 3. The service area shall be paved. 4. Weather protection of recyclables, trash, and compost/yard waste shall be ensured by using weather-proof containers or by providing a roof over the storage area. Figure 10. Place utility meters in less visible locations. Note that this example is acceptable on a service alley but not near a street or residential walkway. 131 21 5. In addition to the required screening, artwork such as paint schemes or coverings that help to blend the equipment into the background may also be utilized. Figure 11. Examples of acceptable dumpster enclosures. 132 22 BUILDING DESIGN 133 23 IX. Architectural Design Intent:  Provide a welcoming entry to residential buildings.  Provide a visually interesting roofline.  Achieve architectural scale that is compatible with the size and visual massing of development envisioned within the zoning classification.  Add visual interest and sense of quality and craftsmanship to building facades.  Enhance the pedestrian experience. Definitions:  Architectural scale: perceived height and bulk of a building relative to that of neighboring buildings or anticipated future neighboring developments. A building has “good architectural scale” if its visual size is relatively similar to development that is planned for in the zoning classification.  Modulation: stepping back or projecting forward of portions of a building face, within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure’s continuous exterior walls.  Articulation: visually enhancing a building façade by including features such as broken rooflines, chimneys, entrances, distinctive window patterns. Building entry design Principal building entrances of all buildings shall feature all of the following: 1. A minimum of 50 square feet of pedestrian weather protection. Entries may satisfy this requirement by being set back into the building façade. 2. Lighting, to conform to Lighting (section VI, page 15). 3. Building or business name and address number. 4. Transparency such as glass doors, windows or glazing (window area) near the door so that the visitor and occupant can view people opening the door from the other side (not required for individual unit entries leading directly to a single dwelling). 5. Security, to the extent feasible. Entries must be visible from areas with high pedestrian activity. See Safety and Security (section VII, page 16) for more details. 6. Architectural or artwork enhancements, including one or more of the following: a. Ornamental doors or windows b. Ornamental paving or materials (e.g., decorative tile work) c. Distinctive architectural lighting d. Artwork e. Landscaping f. Adjacent usable open space 134 24 Roofline character All projects must provide a roofline design that fits with the character of the building and provides some level of visual interest. The upper level or top of the building should have a considered (intentional) treatment. This may be done in any of the following ways: 1. Design a shaped, sloped, pitched or varied roof form – visible to passersby from public areas including highways or other distant views. 2. Provide cornice expressions, eyebrows, overhangs, horizontal projections. 3. Increase variety of building massing at upper levels to establish contrast with overall bulk and mass of lower levels. 4. Incorporate extensions (chimneys, turrets, towers, skylights, clerestories – if logical continuation of architecture). 5. Utilize other height variations to complement adjacent structures. Avoid superfluous or tack-on roof features such as mansard roof extensions, roof signs, or roof ribs. Façade modulation and bulk/mass design All new buildings over three stories, over 5,000 square feet in gross building footprint, or with façades longer than 100 feet measured horizontally along a public right-of-way or visible from a public right-of-way, shall provide at least three major modulation or articulation features as described below along any façade that is visible from a public right-of-way, residential zone or pedestrian pathway. The “articulation interval” at which the repetitive element repeats should not be greater than 50 feet. 1. Horizontal building modulation. Horizontal modulation is the stepping back or extending forward of building stories or horizontal building elements. To satisfy this requirement through horizontal modulation, the depth (extension out or set back from the building facade) of the modulation must be at least two feet when tied to a change in the roofline and at least five feet in other situations. Balconies may be used to qualify for this option, provided they have a floor area of at least 40 square feet, are integrated with Figure 12. Entrances enhanced by details and materials, complex architectural elements, site features and lettering. 135 25 the architecture of the building, and project at least two feet from the building façade. Step backs of upper stories are a common form of horizontal modulation. 2. Vertical building modulation. Vertical modulation is the extension or stepping back of vertical elements of a building. In order to satisfy this guideline through vertical modulation, the minimum depth of modulation is 18 inches and minimum width for each modulation is 15 feet. Balconies may not be used to meet this modulation option unless they are recessed or projected from the façade and integrated with the building’s architecture as determined by the Administrator. 3. Modulated roofline. Buildings may qualify for this option by modulating the roof line of all façades visible from a street, park, or pedestrian pathway consistent with the following standards: a. For flat roofs or façades with a horizontal fascia (the board at the end of a roof eave or cornice) or parapet, change the roofline so that there is a change of the roofline at least every 60 feet. Minimum vertical dimension of roof line modulation is two feet. b. For gable, hipped, or shed roofs, a slope of at least three feet vertical to 12 feet horizontal is required to meet the guideline. c. Other roof forms such as arched, vaulted, dormer, or saw-toothed may satisfy this design standard if the individual segments of the roof with no change in slope or discontinuity are less than 60 feet in width (measured horizontally). Figure 13. Buildings with modulation to increase interest and human scale. Vertical modulation on the left, horizontal modulation in the center, and a mix of both at right. Figure 14. Example of a distinctively designed roofline. 136 26 4. Repeating distinctive window patterns at intervals less than the articulation interval. 5. Providing a porch, patio, deck, or covered entry for each articulation interval. 6. Changing the roofline by alternating dormers, stepped roofs, gables, or changing roof textures on certain features such as metal roofs on towers and dormers to reinforce the modulation or articulation interval. 7. Changing materials with a change in building plane. 8. Providing lighting fixtures, trellises, trees, or other landscape feature within each interval. 9. Creating open-to-the-sky courtyards and terraces that break the building façade. 10. Incorporating projections such as a. Window bays b. Porch additions c. Stair enclosures d. Chimneys e. Balconies f. Recesses at windows, entries, doors or other openings g. Minor projecting masses 11. Using materials and colors to emphasize major or minor architectural scales, to introduce sense of detail and create distinctions between structures. The Administrator may increase or decrease the 60-foot interval for modulation and articulation to better match surrounding structures or to implement an adopted subarea plan. Figure 15. Example of a well- articulated building. Note how the balconies, window divisions, modulation, material variation and cornice line all serve to divide up the façade into smaller segments without disrupting the unity of the overall design. 137 27 X. Architectural Details Intent:  Add visual interest to building appearance.  Enhance the pedestrian experience.  Contribute to public perception of Kent as a desirable place to live through showing care and craftsmanship in design. For all projects: All new buildings shall include on the façades that face a public right-of-way at least three of the following design features:  Distinctive roofline treatments, such as an ornamental molding, or other roofline device visible from the ground level.  Special treatment of windows and doors, other than standard metal molding/framing details, around all ground floor windows and doors, decorative glazing, or door designs.  Decorative building materials, such as decorative masonry, shingle, brick, or stone.  Individualized patterns or continuous wood details, such as fancy butt shingles (a shingle with the butt end machined in some pattern, typically to form geometric designs), decorative moldings, brackets, trim or lattice work, ceramic tile, stone, or similar materials. The applicant must submit architectural drawings and material samples for approval.  Use of green walls, planter boxes, landscaped trellises, wall trellises, decorative or special railings, grill work, landscape guards, or specially designed canopies, as an integral part of the building’s design.  Decorative artwork, which may be freestanding or attached to the building and may be in the form of mosaic mural, bas-relief sculpture, light sculpture, water sculpture, fountain, free standing sculpture, art in pavement, or other similar artwork. Painted murals or graphics on signs or awnings do not qualify.  Special building elements, such as pilasters, entablatures, wainscots, canopies, or marquees that exhibit nonstandard designs. Residential window details The façades of residential buildings shall employ techniques to recess or project individual windows above the ground floor at least two inches from the façade or incorporate window trim at least four inches in width that features color that contrasts with the base building color. Figure 16 Acceptable (left and center examples) and unacceptable (right example) window treatments. 138 28 XI. Blank Walls Intent:  Improve the pedestrian experience near the building.  Help ensure that the building does not detract from the character of its surroundings. Definition: For the purposes of these guidelines, a “blank wall” is any wall or portion of a wall that meets either of the following criteria:  Has a surface area of 200 square feet of vertical surface without a window, door or building modulation or other architectural feature  Is over four feet in height from ground level and longer than 15 feet as measured horizontally without having a window, door, building modulation or other architectural feature For all projects: All blank walls within 50 feet of a public area or adjacent property and also visible from that public area or adjacent property, shall be treated in one or more of the following ways: 1. Install a vertical trellis in front of the wall with climbing vines or plant materials. For large blank wall areas, the trellis must be used in conjunction with other treatments described below. 2. Provide a landscaped planting bed or a raised planter bed in front of the wall. Plant materials shall be selected to obscure or screen at least 50 percent of the wall’s surface within four years. 3. Provide artwork (mosaic, mural, sculpture, relief, etc.) over at least 50 percent of the blank wall surface. 4. Employ high quality building materials (such as brick) and provide desirable visual interest. 5. Special architectural lighting. Figure 17. Artwork or a trellis can effectively treat a blank wall. 139 29 XII. Materials Intent:  Help ensure the quality and maintainability of new development.  Help ensure attractiveness of new buildings. For all projects: 1. The following are allowed only with special detailing, as described below: a. Metal siding. When used as a siding material over more than 25 percent of a building’s façade visible from a public area, metal siding must: i. Have a matte finish in neutral or earth tone such as buff, gray, beige, tan, cream, white, or a dulled color, such as barn-red, blue-gray, burgundy, ochre. ii. Include two or more of the following elements: 1. Visible window and door trim painted or finished in a complementary color. 2. Color and edge trim that cover exposed edges of the sheet metal panels. 3. A base of masonry, stone, or other approved permanent material extending up to at least two feet above grade that is durable. (The intent is to provide more durable materials near grade level.) b. Concrete block walls. Concrete block construction used over 25 percent of a building façade visible from a public area must be architecturally treated in one or more of the following ways: i. Use of textured blocks with surfaces such as split face or grooved. ii. Use of other masonry types, such as brick, glass block or tile in conjunction with concrete blocks. iii. Use of decorative coursing to break up blank wall areas. iv. Use of matching colored mortar where color is an element of architectural treatment for any of the options above. c. Requirements for stucco, stucco-like, and similar troweled finishes: i. To avoid deterioration, the finish material must be trimmed or sheltered from extreme weather by roof overhangs or other methods. i. The finish material may only be used in conjunction with other approved building materials. 2. Any material that is subject to damage and deterioration from human contact or landscape elements is prohibited within two vertical feet of the sidewalk or ground level or in areas that are especially subject to vandalism such as areas with low visibility. In these areas, a more durable finish material such as brick, concrete or concrete block shall be used. 140 30 3. Use of flat sheet materials such as fiber cement panels (e.g., HardiePanel) is not allowed on ground floor façades. This is because the panels do not provide human scale surfaces or textures or refined details. Textured panels on ground floors may be approved by the Administrator if they are detailed not to appear as a panelized system. 4. Prohibited materials for exterior of buildings (excluding special art features): a. Mirrored glass. b. Vinyl siding. c. Corrugated fiberglass. d. Chain link fencing within 50 feet of a building’s public entrance (except for temporary purposes such as a construction site). e. Crushed colored rock or tumbled glass. f. Any sheet materials, such as wood or metal siding, with exposed edges or unfinished edges. g. Any spray-on materials (e.g.: shot-crete) not specifically approved by the Administrator. h. Non-durable materials subject to deterioration if exposed to weather such as most plastic and synthetic materials or materials that are particularly vulnerable to vandalism. Project applicants wishing to use synthetic materials must submit samples and product description information to the Administrator for approval. The Administrator will not accept such materials unless its durability and appropriateness is demonstrated. 141